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THE  CHARTER, 


WITH  THE  AMENDMENTS  THERETO, 


REVISED 


AND 

OR 


OF  THE 


CITY  OF  WARSAW,  ILLINOIS; 


WITH 

I  ' 

AFFEMI>IX 

CONTAINING  GENERAL  LAWS  OF  THE  STATE,  ETC.,  RELATING 

TO  THE  CITY. 


PUBLISHED  BT  AUTHORITY  OF  THS  CITY  COUNCIL  OF  THE  CITY  OF  WARSAW. 


WARSAW: 

J,  M  ’  REE,  PRINTER. 


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ORIGINAL  CHARTER. 


AN  ACT  TO  INCORPORATE  THE  CITY  OF  WARSAW. 
ARTICLE  FIRST. —  Of  Boundaries  and  General  Powers. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of  Illinois, 
represented  in  the  General  Assembly,  That  the  inhabitants  of  the  town  of 
Warsaw,  in  the  county  of  Hancock  and  State  of  Illinois,  be  and  they  are  hereby 
constituted  a  body  politic  and  corporate,  by  the  name  and  style  of  “  The  City  of 
Warsaw:”  and  by  that  name  shall  have  perpetual  succession,  and  may  have  and  use 
a  common  seal,  which  they  may  change  and  alter  at  pleasure. 

§  2.  All  that  district  of  country  embraced  within  the  following  boundaries,  to 
wi  t :  Beginning  is  the  main  channel  of  the  Mississippi  river,  due  west  of  the  south 
side  of  the  southwest  fractional  quarter  of  section  nine,  township  four  north,  range 
nine  west,  in  said  Hancock  county ;  thence  up  said  river,  along  the  middle  of  said 
channel,  to  a  point  due  north  of  the  east  line  of  the  southwest  quarter  of  section  three 
in  said  township  ;  thence  south  to  the  southeast  corner  of  the  southwest  quarter  of 
section  three ;  thence  west  to  the  centre  of  the  south  line  of  said  quarter  section  ; 
thence  south  to  the  southeast  corner  of  the  west  half  of  the  northwest  quarter  of 
section  ten,  in  said  township  ;  thence  east  to  the  northeast  corner  of  the  southwest 
quarter  of  said  section;  thence  south  to  ft  e  south  line  of  Wilson’s  addition  to  the 
town  of  Warsaw;  thence  west  to  the  east  line  of  English’s  addition  to  said  town  ; 
thence  south  to  the  south  line  of  said  English’s  addition  to  said  town ;  and  thence 
west  to  the  place  of  beginning,  is  hereby  declared  to  be  within  the  boundaries  of 
said  city  of  Warsaw. 

§  3.  The  present  board  of  Trustees  of  the  town  of  Warsaw  shall,  on  or  before 
the  first  day  of  March  next,  divide  the  said  city  of  Warsaw  into  three  wards,  as 
nearly  equal  in  population  as  practicable,  particularly  describing  the  boundaries  of 
each. 

§  4.  Whenever  any  tract  of  land  adjoining  the  city  of  Warsaw  shall  have  been 
laid  off  in  town  lots  and  duly  recorded  as  required  by  law,  the  same  shall  be  annex¬ 
ed  to  and  form  a  part  of  said  city  of  Warsaw. 

§  5.  The  inhabitant  of  said  city,  by  the  name  and  style  aforesaid,  shall  have 
power  to  sue  and  be  sued,  to  implead  and  be  impleaded,  defend  and  be  defended  in 
all  courts  of  law  and  equity,  and  in  all  actions  whatsoever;  to  purchase,  receive 
and  hold  property,  both  real  and  personal,  in  said  city;  to  purchase,  receive  and  hold 
property,  both  real  and  personal,  beyond  the  city,  for  burial  grounds  or  for  other 
public  purposes,  for  the  use  of  the  inhabitants  of  said  city ;  to  sell,  to  lease,  convey 
or  dispose  of  property,  real  and  personal,  for  the  benefit  of  the  city,  and  to  improve 
and  protect  such  property,  and  to  do^  all  other  thing.3  in  relation  thereto  as  natural 
persons. 


4 


ORIGINAL 


CHART HR, 


ARTICLE  SECOND. — Of  the  City  Council 

Section  1.  There  shall  be  a  city  Council  to  consist  of  a  Mayor,  and  Board  of 
Aldermen. 

§  2.  The  Board  of  Aldermen  shall  consist  of  two  members  from  each  ward,  to 
be  chosen  by  the  qualified  voters  for  two  years,  and  by  general  ticket,  until  other¬ 
wise  ordered  by  the  city  Council. 

§  3.  No  person  shall  be  an  Alderman  unless,  at  the  time  of  his  election,  he  shall 
have  resided  six  months" within  the  limits  of  the  city,  and  shall  be,  at  the  time  of 
his  election,  twenty-one  years  of  age,  a  citizen  of  the  United  States,  and  a  resident 
of  the  ward  for  which  he  is  elected. 

§  4.  If  any  Alderman  shall,  after  his  election,  remove  from  the  ward  for  which 
he  is  elected,  his  office  shall  thereby  become  vacated. 

§  5.  At  the  first  meeting  of  the  city  Council,  the  Aldermen  shall  be  divided  by 
lot  into  two  classes.  The  seats  of  those  of  the  first  class  shall  be  vacated  at  the  ex¬ 
piration  of  the  first  year,  and  of  the  second  class  at  the  expiration  of  the  second 
year,  so  that  one-half  of  the  Board  shall  be  elected  annually. 

§  6.  The  city  Council  shall  judge  of  the  qualifications,  elections  and  returns  of 
their  own  members,  and  shall  determine  all  contested  elections. 

§  7.  A  majority  of  the  City  Council  shall  constitute  a  quorum  to  do  business^ 
but  a  smaller  number  may  adjourn  from  day  to  day,  and  compel  the  attendance  of 
absent  members,  under  such  penalties  as  may  be  prescribed  by  ordinance. 

§  8.  The  City  Council  shall  have  power  to  determine  the  rule  of  its  proceedings, 
punish  its  members  for  disorderly  conduct,  and,  with  the  concurrence  of  two-thirds 
of  the  members  elected,  expel  a  member. 

§  9.  The  City  Council  shall  keep  a  journal  of  its  proceedings,  and  from  time  to 
time  publish  the  same  ;  and  the  yeas  and  nays,  when  demanded  by  any  member 
present,  shall  be  entered  on  the  journal. 

§  10.  No  Alderman  shall  be  appointed  to  any  office  under  the  authority  of  the 
city  which  shall  have  been  created,  or  the  emoluments  of  which  shall  have  been  in¬ 
creased  during  the  time  for  which  he  shall  have  oeen  elected. 

§  11.  All  vacancies  that  shall  occur  in  the  Board  of  Aldermen  shall  be  filled  by 
election. 

§  12.  The  Mayor,  and  each  Alderman,  before  entering  upon  the  duties  of  their 
office,  shall  take  and  subscribe  an  oath  that  they  will  support  the  Constitution  of 
the  United  States,  and  of  this  State,  and  that  they  will  well  and  truly  perform  the 
duties  of  their  office  to  the  best  of  their  skill  and  ability. 

§  13.  Whenever  there  shall  be  a  tie  in  the  election  of  Aldermen,  the  judge  of  the 
election  shall  certify  the  same  to  the  Mayor,  who  shall  determine  the  same  by  lot  in 
such  manner  as  shall  be  provided  by  ordinance. 

§  14.  There  shall  he  twelve  stated  meetings  of  the  City  Council  in  each  year,  at 
such  times  and  places  as  may  he  prescribed  by  ordinance. 


ARTICLE  THIRD. —  Of  the  Chief  Executive  Officer. 

§  1.  The  chief  executive  officer  of  the  city  shall  be  a  Mayor,  who  shall  be  elect¬ 
ed  by  the  qualified  voters  of  the  city,  and  shall  hold  his  office  for  one  year,  and 
until  his  successor  shall  be  elected  and  qualified. 


LEGISLATIVE  POWERS  OF  THE  CITY  COUNCIL. 


O 


m  2.  No  person  shall  be  eligible  to  the  office  of  Mayor  who  shall  not  have  been  a 
resident  of  the  city  for  one  year  next  preceding  his  election,  or  who  shall  be  under 
twenty-one  years  of  age,  or  who  shall  not,  at  the  time  of  his  election,  be  a  citizen 
of  the  Uhited  States. 

§  3.  If  any  Mayor  shall,  during  the  time  for  which  he  shall  have  been  elected, 
remove  from  the  city,  his  office  shall  be  vacated. 

§  4.  When  two  or  more  persons  shall  have  an  equal  number  of  votes  for  Mayor, 
the  judges  of  elections  shall  certify  the  same  to  the  City  Council,  who  shall  proceed 
to  determine  the  same  by  lot,  in  such  manner  as  may  be  provided  by  ordinance. 

§  5.  Whenever  an  election  of  Mayor  shall  be  contested,  the  City  Council  shall 
determine  the  same  in  such  manner  as  may,  be  prescribed  by  ordinance. 

§  6.  Whenever  any  vacancy  shall  happen  in  the  office  of  Mayoi,  it  shall  be  filled 
by  election.  , 


ARTICLE  FOURTH. —  Of  Elections. 

§  1.  On  the  first  Monday  of  April  next,  an  election  shall  be  held  in  said  city  for 
a  Mayor  for  the  city,  and  two  Aldermen  for  each  Wart;  and  forever  thereafter, 
on  the  first  Monday  of  April  ofeachyearj  ihereshall  bean  election  held  for  a  Mayor 
for  the  city,  and  one  Alderman  for  each  ward.  The  first  election  for  Mayor  and  Al¬ 
dermen  shall  be  held,  conducted  and  returns  thereof  made  as  may  be  provided  by 
ordinance  of  the  present  Trustees  of  the  town  of  Warsaw. 

§  2.  All  free  white  male  inhabitants  over  the  age  of  twenty-one  years,  who  are 
entitled  to  vote  for  state  officers,  shall  be  entitled  to  vote  for  city  officers:  Provided, 
the  City  Council  may  at  any  time  require  by  ordinance,  that  said  voters  shall  give 
their  votes  for  Mayor  and  Aldermen  in  the  wards  m  which  they  respectively  reside, 
and  in  no  other  ;  and  that  no  vote  shall  be  received  at  any  of  said  elections,  unless 
the  person  offering  the  same  shall  be  at  the  time  an  actual  resident  of  said  ward. 


ARTICLE  FIFTH. — Of  the  Legislative  Powers  of  the  City  Council . 

§  1.  The  City  Council  shall  have  power  and  authority  to  levy  and  collect  taxes 
upon  all  property,  real  and  personal,  within  the  limits  of  said  city,  not  exceeding 
one-half  of  one  per  [cent,  per]  annum,  upon  the  assessed  value  thereof,  and  may 
enforce  the  payment  of  the  same  in  any  manner  to  be  prescribed  by  ordinance,  not 
repugnant  to  the  constitution  of  the  United  States  or  this  state. 

§  2.  The  City  Council  shall  have  power  to  appoint  a  Clerk,  Treasurer,  Assessor, 
Marshal,  Supervisors  of  Streets,  and  all  such  other  officers  as  may  be  necessary. 

§  3.  The  City  Council  shall  have  power  to  require  of.  all  officers  appointed  in 
pursuance  of  this  charter*  bond  with  penalty  and  security  for  the  faithful  perform¬ 
ance  of  their  respective  duties,  as  rnay  be  deemed  expedient;  and  also  to  require 
all  officers  appointed  as  aforesaid,  to  take  an  oath  for  the  faithful  performance  of 
1h«  duties  of  their  respective  offices  before  entering  upon  the  discharge  of  the  same  ; 
to  establish,  support  and  regulate  common  schools  ;  to  borrow  money  on  the  credit 
of  the  city  :  Provided,  that  no  sum  or  sums  of  money  shall  be  borrowed  at  a  great¬ 
er  interest  than  six  per  cent,  per  annum,  except  for  railroad  and  plankroad  purposes, 


ORIGINAL  CHARTER. 


$ 

as  hereinafter  mentioned,  nor  shall  the  interest  on  the  aggregate  of  all  the  sums 
borrowed  and  outstanding,  ever  exceed  one-half  of  the  city  revenue  arising  from 
taxes  assessed  on  real  property  within  the  limits  of  the  corporation,  except  for 
railroad  and  plankroad  purposes,  as  hereinafter  mentioned. 

§  4.  To  appropriate  money  and  provide  for  the  payment  of  the  debt  and  expen¬ 
ses  of  the  city. 

§  5.  To  make  regulations  to  prevent  the  introduction  of  contagious  disease* 
into  the  city,  and  to  make  quarantine  laws  for  that  purpose,  and  enforce  the  same 
within  five  miles  of  the  city. 

§  6.  To  establish  hospitals  and  make  regulations  for  the  government  of  th« 
*ame. 

§  7.  To  make  regulations  to  secure  the  general  health  of  the  inhabitants ;  to 
declare  what  shall  be  a  nuisance,  and  to  prevent  and  remove  the  same. 

§  8.  To  provide  the  city  with  water,  to  erect  hydrants  and  pumps  m  the  streets 
for  the  convenience  of  the  inhabitants. 

§  9.  To  open,  alter,  abolish,  widen,  extend,  establish,  giade,  pave,  or  otherwise 
improve  and  keep  in  repair,  streets,  lanes,  avenues  and  alleys. 

§  10.  To  establish,  erect  and  keep  in  repair  bridges. 

§  11.  To  divide  the  city  into  wards,  alter  the  boundaries  thereof,  and  erect  addi¬ 
tional  wards,  as  the  occasion  may  require. 

§  12.  To  provide  for  lighting  the  streets  and  erecting  lamp  post3. 

*  §  13.  To  establish,  support  and  regulate  night  watches, 

§  14.  To  erect  market  houses,  establish  markets  and  market  places,  and  to  pro¬ 
vide  for  the  government  and  regulation  thereof. 

§  15.  To  provide  for  the  erection  of  all  useful  buildings  for  the  use  of  the  city. 

§  10.  To  improve  and  preserve  the  navigation  of  the  Mississippi  river  within  the 
limits  of  the  city, 

§  17.  To  erect,  repair  and  regulate  public  wharves  and  docks,  to  regulate  th« 
erection  and  repairs  of  private  wharves  and  the  rates  of  wharfage  thereat. 

§  18.  To  license,  tax  and  regulate  hackney  carriages,  wagons,  carts  and  drays, 
fix  the  rates  to  be  charged  for  the  carriage  of  persons,  and  for  wagonage,  cartage, 
and  drayage  of  property. 

§  19.  To  license  and  regulate  porters,  and  fix  the  rate  of  porterage. 

§  20.  To  license,  tax  and  regulate  theatrical  and  other  exhibitions,  shows  and 
amusements. 

§  21.  To  restrain,  prohibit  and  suppress  tippling  houses,  dram  shops,  gaming 
ho  uses,  bawdy  houses,  and  other  disorderly  houses. 

§  22.  To  provide  for  the  prevention  and  extinguishment  of  fires,  and  to  organize 
and  establish  fire  companies. 

§  23.  To  regulate  or  prohibit  the  erection  of  wooden  buildings  in  any  part  of  the 
city. 

§  24.  To  regulate  the  fixing  of  chimneys  and  fixing  the  flues  thereof. 

§  25.  To  regulate  the  storage  of  gunpowder,  tar,  pitch,  rosin  and  other  combus¬ 
tible  materials. 

§  26.  To 'regulate  and  order  parapet  walls  and  partition  fences. 

§  27.  to  establish  standard  weights  and  measures,  and  regulate  the  weights  and 
measures  to  be  used  in  the  city,  in  all  cases  not  otherwise  provided  for  by  law. 

§  28.  To  provide  for  the  inspection  and  measurement  of  lumber  and  other  build¬ 
ing  materials,  ami  for  the  measurement  of  all  kinds  of  mechanical  work. 

§  29.  To  provide  for  the  inspection  and  weighing  of  hay  and  stoiia  coal,  the 


DUTIES  0^  TUK  MAYOR. 


measuring  of  charcoal,  firewood  and  other  fuel  to  be  sold  and  used  within  the  citj . 

§  30.  To  provide  for  and  regulate  the  inspection  of  tobacco,  beef,  pork,  flour, 
meal  and  whisky  in  barrels. 

§  31.  To  regulate  the  inspection  of  butter,  lard  and  other  provisions. 

§  32.  To  regulate  the  weight,  quality  ana  price  of  bread  to  be  sold  and  used  in 
the  city. 

§  33.  To  regulate  the  size  of  brick  to  be  sold  or  used  in  the  city. 

§  34.  To  provide  for  taking  enumerations  of  the  inhabitants  of  the  city. 

§  35.  To  regulate  the  election  of  the  city  officers,  and  provide  for  removing  from 
office  any  person  holding  an  office  created  by  ordinance- 

§  36.  To  regulate  the  police  of  the  city,  to  impose  fines,  forfeitures  and  penalties 
fur  the  breach  of  any  ordinance,  and  provide  for  the  recovery  and  apprehension  of 
such  fines  and  forfeitures,  and  the  enforcement  of  such  penalties. 

§  37.  To  fix  the  compensation  of  all  city  officers,  and  regulate  the  fees  of  jurors, 
witnesses  and  others,  for  services  rendered  under  this  act,  or  any  ordinance. 

v>  38.  The  City  Council  shall  have  power  to  make  all  ordinances  which  shall  be 
necessary  and  proper  for  carrying  into  execution  the  powers  specified  in  this  act,  so 
that  such  ordinances  be  not  repugnant  to  nor  inconsistant  with  the  constitution  of 
the  United  States,  or  this  state. 

§  39.  The  style  of  the  ordinance  of  the  city  shall  be:  (i  Be  it  ordained  bt 
the  City  Council  of  the  city  of  Warsaw. ” 

§  40.  All  ordinances  passed  by  the  City  Council  shall,  within  one  month  there  • 
after,  be  published  in  some  newspaper  published  in  the  city,  and  shall  not  be  in 
force  until  they  shall  have  been  published  as  aforesaid. 

§  41.  All  ordinances  of  the  city  may  be  proven  by  the  seal  of  the  corporation, 
and  when  printed  or  published  in  book  or  pamphlet  form,  and  purporting  to  be 
printed  or  published  by  authority  of  the  corporation,  the  same  shall  be  received  in 
evidence  in  all  courts  and  places  without  further  proof. 


ARTICLE  SI  XT  H. —  Of  Mayor. 

§  1.  The  Mayor  shall  preside  at  all  meetings  of  the  City  Council,  and  shall  have 
a  casting  vote,  and  no  other.  In  case  of  non-attendance  of  the  Mayor  at  any  meet¬ 
ing,  the  Board  of  Aldermen  shall  appoint  one  of  their  number  chairman,  who  shall 
preside  at  that  meeting. 

§  2.  The  Mayor  or  any  two  A.ldermen  may  call  special  meetings  of  the  city  council. 

§  3.  The  Mayor  shall  at  all  times  be  active  and  vigilant  in  enforcingthe  laws  and 
ordinances  for  the  government  of  said  city ;  he  shall  inspect  the  conduct  of  all  sub¬ 
ordinate  officers  of  said  city,  and  cause  negligence  and  positive  violation  of  duty  to 
be  presented  and  punished  ;  he  shall  from  time  to  time  communicate  to  the  Aldermen 
such  information,  and  recommend  all  such  measures  as  in  his  opinion  may  tend  to 

the  improvement  of  the  finances,  the  police,  the  health,  security,  comfort  and  orna¬ 
ment  of  the  city. 

§  4.  He  is  hereby  authorised  to  call  on  every  male  inhabitant  of  said  city  over  the 
age  of  eighteen  years,  to  aid  in  enforcing  the  laws  and  ordinances,  and  in  case  of 
riot  to  call  out  the  malitia,  to  aid  in  suppressing  the  same,  or  in  carrying  into  effect 
any  law  or  ordinance,  and  any  person  who  shall  not  obey  such  call  shall  forfeit  to 
the  said  city  a  fine  not  exceeding  live  dollars. 


s 


original  Charter. 


§  5.  He  shall  have  power,  whenever  he  may  deem  it  necessary,  to  require  of  any 
officer  of  said  city  an  exhibit  of  his  books  and  papers. 

§  <i*.  He  shall  have  power  to  execute  all  acts  that  may  be  required  of  him  by  any 
ordinance  made  in  pursuance  of  this  act. 

§  7.  He  shall  be  commissioned  by  the  governor  as  a  justice  of  the  peace  for  said 
city,  and  as  such  shall  be  a  conservative  of  the  peace  in  said  city,  and  shall  have 
power  and  authority  to  administer  oaths,  issue  writs  and  processes  under  the  seal  o? 
the  city,  to  take  acknowledgments  of  deeds,  mortgages  and  other  instruments  of 
writing,  and  certify  the  same  under  the  seal  of  the  city,  which  shall  he  good  and 
valid  in  law. 

§  8.  He  shall  have  exclusive  jurisdiction  in  all  cases  arising  under  the  ordinan¬ 
ces  of  the  corporation,  and  concurrent  jurisdiction  with  all  other  justices  of  the 
peace,  in  all  civil  and  criminal  cases  within  the  limits  of  said  city  arising  under  the 
laws  of  the  state,  and  shall  receive  the  same  fees  and  compensation  for  his  services 
in  similar  cases. 

§  9.  He  shall  also  have  jurisdiction  as  may  be  vested  in  him  by  ordinance  of  the 
city,  in  and  over  all  places  within  five  miles  of  the  boundaries  of  the  city,  for  the 
purpose  of  enforcing  the  health  and  quarantine  ordinances  and  regulations  thereof, 

§  10.  And  he  shall  receive  for  bis  services  such  salary  as  shall  be  fixed  by  an 
ordinance  of  the  city,  and  the  usual  fees  of  the  justice  of  the  peace. 

§  11.  In  case  the  Mayor  shall  at  any  time  be  guilty  of  a  palpable  omission  of 
duty,  or  shall  wilfully  and  corruptly  be  guilty  of  oppression,  maleonduct  or  parti¬ 
ality  in  the  discharge  of  the  duties  of  his  office,  he  shall  be  liable  to  be  indicted  in 
the  circuit  court  of  Hancock  county,  and  on  conviction  shall  be  fined  not  more  than 
two  hundred  dollars  ;  and  the  court  shall  have  power,  on  the  recommendation  of  the 
jury,  to  add  to  the  judgment  of  the  court,  that  he  be  removed  from  office. 


ARTICLE  SEVENTH. — Proceedings  in  Special  Cases. 

§  1.  When  it  shall  be  necessary  to  take  private  property  for  opening,  widening  or 
altering  any  public  street,  lane,  avenue  or  alley,  the  corporation  shall  make  a  just 
compensation  therefor,  to  the  person  whose  property  is  soflaken  ;  and  ii  the  amount 
of  such  compensation  cannot  be  agreed  on,  the  Mayor  shall  cause  the  same  to  be 
assessed  by  a  jury  of  six  disinterested  freeholders  of  the  city. 

§  2.  When  the  owners  of  a.H  the  property  on  the  street,  lane,  avenue  or  alley 
proposed  to  be  opened,  widened  or  altered  shall  petition  therefor,  the  City  Council 
may  open,  widen  or  alter  such  street,  lane,  avenue  or  alley,  upon  conditions  to  be 
prescribed  by  ordinance,  but  no  compensation  shall  in  such  case  be  made  to  those 
where  property  shall  be  taken  for  the  opening  widening  or  altering  of  such  street, 
lane,  avenue  or  alley,  nor  shall  there  be  any  assessment  of  benefit  or  damage  that 
may  accrue  thereby  to  any  of  the  petitioners. 

§  3.  All  jurors  impanelled  to  inquire  into  the  amount  of  benefit  or  damage  which 
shall  happen  to  the  owners  of  property  proposed  to  be  taken  for  opening,  widening  or 
altering  any  street,  lane,  avenue  or  alley,  shall  be  first  sworn  to  that  effect,  and  shall 
return  to  the  Mayor  their  inquest,  in  writing,  signed  by  each  juror. 

§  4.  In  assessing  the  amount  of  compensation  for  the  property  taken  for  opening 
widening  or  altering  any  street,  lane,  avenue  or  alley,  the  jury  shall  take  into  con- 


MISCELLANEOUS  PROVISION*. 


9 


fid -ration  the  benefit  as  well  as  the  injury  happening  by  such  opening,  widening  or 
altering  of  such  street,  Jane,  avenue  or  alley. 

§  5.  The  Mayor  shall  have  power,  for  any  good  cause  shown,  within  ten  days 
after  any  inquest  shall  have  been  returned  to  him  as  aforesaid,  to  set  the  same  aside, 
and  cause  a  new  inquest  to  be  made. 

§  6.  The  City  Council  shall  have  power,  by  ordinance,  to  levy  and  collect  a  spe¬ 
cial  tax  on  the  holders  of  the  lots  on  any  street,  lane,  avenue  or  alley,  or  part  of  any 
street,  lane,  avenue  or  alley,  according  to  their  respective  parts  owned  by  them,  for 
the  purpose  of  grading  and  paving  the  sidewalks. 


ARTICLE  EIGHTH.— Miscellaneous  Provisions. 

§  1.  The  inhabitants  of  the  city  of  Warsaw  are  hereby  exempted  from  working 
on  anyroad  beyond  the  limits  of  the  city. 

§  2.  The  City  Council  shall  have  power,  for  the  purpose  of  keeping  the  streets 
lanes,  avenues  and  alleys  in  repair,  to  require  every  male  inhabitant  in  said  city,  over 
twenty-one  years  of  age,  to  labor  on  said  streets,  lanes,  avenues  and  alleys  not  ex¬ 
ceeding  three  days  in  each  and  every  year  ,  and  any  person  failing  to  perform  such 
labor  when  duly  notified  by  the  Supervisor,  shall  forfeit  and  pay  the  sum  of  one  dol¬ 
lar  per  day  for  each  day  so  neglected  or  refused. 

§  3.  The  City  Council  shall  [have]  power  to  provide  for  the  punishment  of 
ofi'enders,  by  imprisonment  in  the  county  or  city  jail,  in  all  cases  where  such  offend¬ 
ers  shall  fail  or  refuse  to  pay  the  fines  and  forfeitures  which  may  be  recovered  against 
them. 

§  4.  The  City  Council  shall  cause  to  be  published  annually  a  full  and  complete 
statement  of  all  moneys  received  and  expended  by  the  corporation  during  the  prece¬ 
ding  year,  and  on  what  account  received  and  expended. 

§  5.  All  ordinances  and  resolutions  passed  by  the  President  and  Trustees  of  the 
town  of  Warsaw,  shall  remain  in  force  until  the  same^shall  be  repealed  by  the  City 
Council  hereby  created. 

§  6.  All  suits,  actions  and  prosecutions  instituted,  commenced  or  brought  by  the 
corporation  hereby  created,  shall  be  instituted,  commenced  and  prosecuted  in  the 
name  of  the  city  of  Warsaw. 

§  7.  All  actions,  fines  and  forfeitures  which  have  accrued  to  the  President  and 
Trustees  of  the  Town  of  Warsaw,  shall  be  vested  in  and  prosecuted  by  the  corpo¬ 
ration  hereby  created. 

§  8.  All  property,  real  and  personal,  heretofore  belonging  to  the  President  and 
Trustees  of  the  town  of  Warsaw,  for  the  use  of  the  inhabitants  of  said  town,  shall 
be  and  the  same  is  hereby  declared  to  be  vested  in  the  corporation  hereby  created. 

§  9.  This  charter  shall  not  invalidate  any  act  done  by  the  President  and  Trustees 
of  the  town  of  Warsaw,  nor  divest  them  of  any  right  which  may  have  accrued  to 
them  prior  to  the  passage  of  this  act. 

§  10.  The  President  and  Trustees  of  the  town  of  Warsaw  shall,  immediately  af¬ 
ter  the  passage  of  this  act,  take  measures  to  promulgate  this  law  within  the  limits 
of  the  city  of  Warsaw,  and  issue  their  proclamation  for  the  election  of  officers 
and  cause  the  same  to  be  published  in  all  the  newspapers  in  said  city,  for  four  wetk* 
m  succession  prior  to  the  di«y  of  election  for  said  city  officers. 


JO 


ORIGINAL  CHARTER. 


§  11.  Appeals  shall  be  allowed  from  all  decisions  in  all  cases  arising  under  the 
provisions  of'  this  act,  or  any  ordinance  passed  in  pursuance  thereof,  to  the  circuit 
court  of  Hancock  county  ;  and  every  such  appeal  shall  he  taken  and  granted  in  the 
same  manner  and  with  like  effect  as  appeals  are  taken  from  and  granted  by  justices 
of  the  peace  to  the  circuit  court,  under  the  laws  of  this  state. 

§  12.  Whenever  the  Mayor  shall  absent  himself  from  the  city,  or  shall  resign  or 
die,  or  his  office  shall  be  otherwise  vacated,  the  Board  of  Aldermen  shall  immedi¬ 
ately  proceed  to  elect  one  of  their  number  President,  who  shall  be  Mayor  pro  tem. 

§  13.  This  act  is  hereby  declared  to  be  a  public  act,  and  may  be  read  in  evidence 
in  all  courts  of  law  and  equity  in  this  state,  without  proof. 

§  14.  All  acts  and  parts  of  acts  coming  within  the  provisions  of  this  charter  that 
are  contrary  thereto,  or  inconsistent  with  its  provisions,  are  hereby  repealed. 

§  15.  The  City  Marshal,  or  any  other  officer  authorised  to  execute  writs  or 
other  process  issued  by  the  Mayor,  shall  have  power  to  execute  the  same  any 
where  within  the  limits  of  said  Hancock  county,  and  shall  be  entitled  to  the  same 
fees  for  traveling  as  are  allowed  to  constables  in  similar  cases. 

§  16. 1  The  city  of  Warsaw  is  hereby  authorised,  in  addition  to  the  taxes  already 
authorized  to  be  collected,  to  levy  a  tax  not  exceeding  one-eighth  of  one  per  centum 
in  each  year  on  all  taxable  property  in  said  city,  the  proceeds  of  which  *aid  tax 
shall  be  wholly  applied  to  the  support  of  common  schools  in  said  city,  and  to  no 
other  purpose.  Said  tax  is  to  be  collected  in  the  same  manner  and  under  the  same 
regulations  that  other  city  taxes  are  collected. 

§  1/.  The  City  Council  of  said  city  shall  have  power  to  provide  for  enclosing, 
improving  and  regulating  all  public  ground  within  the  city,  and  for  the  punishment 
of  injuries  or  damages  done  to  trees,  buildings  or  other  improvements  thereon,  to 
license,  tax  and  regulate  auctioneers,  merchants  and  retailers,  groceites,  taverns, 
and  all  places  where  fermented  liquors  are  sold;  and  the  vet  dt-rs  of  the  same, 
hawkers,  pedlars,  brokers,  pawn-brokers  and  money-cnangers:  Provided,  that 
nothing  heiein  contained  shall  be  construed  to  vest  in  said  City  Council  authority 
to  grant  license  in  any  cases  or  for  any  purposes  where  the  same  may  be  prohibited 
by  any  existing  or  future  general  law  of  this  state. 

§  18.  The  City  Marshal  of  said  city  shall,  by  virtue  of  his  office,  he  a  consta¬ 
ble  of  Hancock  county,  with  power  to  serve  process,  and  to  do  all  acts  that  con¬ 
stables  may  lawfully  do,  and  sha’l  receive  the  same  fees  as  are  allowed  to  other 
constables  by  law,  and  shall,  before  entering  upon  the  discharge  of  his  office,  in 
addition  to  the  ordinary  bond  which  may  be  required  of  him  by  city  ordinance, 
execute,  another  bond  and  file  it  in  the  office  of  the  clerk  of  the  county  court  of 
Hancock  county,  in  like  manner  as  other  constables  are  now  required  to  do  by 
law,  and  he  shall,  moreover,  take  the  same  oath  to  discharge  the  duties  of  his 
office,  and  in  the  same  manner  that  other  constables  are  now  required  to  take. 

§  19.  The  City  Council  shall  have  power  to  provide  by  ordinance  for  the  organ¬ 
ization  and  maintenance  of  a  Mayor’s  Court  for  said  city,  and  for  the  trial  and 
punishment  of  all  offenders  agakst  the  ordinances  of  saul  city,  made  in  conformity 
with  the  powers  granted  in  this  charter  and  not  inconsistent  with  the  constitution 
of  the  United  States,  or  of  tills  state. 

§  20.  That  in  addition  to  the  powers  and  privileges  hereinbefore  conferred,  the 
City  Council  of  said  city  of  Warsaw,  whenever  a  majority  of  the  legal  voters  of 
said  city  shall,  by  vote  at  an  election  called  for  that  purpose  by  the  City  Council, 
so  express  their  wish  to  purchase  or  subscribe  for  shares  of  the  capital  stock  in  any 


MISCELLANEOUS  PROVISIONS. 


11 


railroad  company  or  plankroad  company  already  incorporated,  or  hereafter  to  be 
incorporated  or  organized  under  any  law  of  this  state,  and  located  wholly  or  in 
part  in  said  Hancock  county,  in  any  sum  or  sums  not  exceeding  one  hundred  thous¬ 
and  dollars  in  the  aggregate ;  and  the  stock  so  subscribed  for  or  purchased  shall  be 
under  the  control  of  the  City  Council  of  said  city,  in  all  respects  as  stock  owned 
by  individuals. 

§  21.  That  for  the  payment  of  said  stock  the  City  Council  cf  said  city  are 
hereby  authorized  to  borrow  money  at  any  rate  not  exceeding  ten  per  cent,  per 
annum,  and  to  pledge  the  faith  of  the  city  for  the  annual  payment  of  the  interest 
and  the  ultimate  redemption  of  the  principal  5  or  if  said  City  Council  shall  deem  it 
most  advisable,  they  are  hereby  authorized  to  pay  for  such  subscriptions  or  pur¬ 
chase  in  the  bonds  of  the  city,  to  be  drawn  for  that  purpose  in  sums  not  less  than 
fifty  dollars,  bearing  interest  not  exceeding  ten  per  cent,  per  annum :  Provided, 
that  no  bond  shall  be  paid  out  at  a  less  rate  than  par  value. 

§  22.  The  railroad  companies  and  plankroad  companies  already  organized  or 
incorporated,  or  hereafter  to  be  organized  or  incorporated  under  the  laws  of  this 
state,  and  lying  or  being  wholly  or  in  part  within  the  limits  of  said  Hancock  county, 
are  hereby  authorized  to  receive  the  bonds  of  said  city  to  the  capital  stock  of  said 
company  at  par  and  in  lieu  of  cash,  and  to  issue  their  bonds  bearing  interest  not 
exceeding  ten  per  cent  per  annum,  for  any  moneys  by  them  borrowed  for  the  con¬ 
struction  of  their  railroad  or  plankroad  and  fixtures,  or  for  the  purchase  of  engines 
and  cars,  and  for  such  purpose  n  ay  dispose  of  any  bonds  by  them  received  as 
aforesaid. 

o  23.  No  bonds  shall  be  issued  under  the  provisions  of  this  act,  excepting  for 
amounts  required  to  be  paid  at  the  time  of  subscription,  and  for  the  amounts  of  and 
at  the  time  when  assessments  upon  ail  the  stockholders  ot  said  company  shail  be 
regularly  assessed  and  made  payable. 

§  24.  The  said  city  of  Warsaw  is  hereby  authorized,  in  addition  to  the  taxes 
hereinbefore  authorized,  to  be  collected,  to  levy  and  collect  a  special  annual  tax 
upon  the  property,  real  and  personal,  situated  in  said  city,  sufficient  for  the  payment 
of  the  annual  interest  which  may  accrue  upon  any  bonds  to  be  issued  by  said  city 
for  railroad  or  plankroad  purposes,  under  the  provisions  of  this  charter.  Said  spe¬ 
cial  tax  to  be  levied  and  collected  at  the  same  time  and  in  the  same  manner  as  other 
taxes  levied  by  said  city,  and  the  said  city  shall  have  the  same  rights,  powers  and 
remedies  to  enforce  the  collection  of  the  same,  by  the  sale  of  property  or  otherwise, 
as  in  or  may  be  provided  for  in  other  cases  relating  to  the  city  revenue.  Said  tax 
when  collected  shall  be  by  the  said  City  Council  set  apart  and  held  separate  and 
distinct  from  the  other  portions  of  the  city  revenue,  as  a  fund  specially  pledged  for 
a  payment  of  the  annual  interest  on  the  bonds  aforesaid,  and  shall  be  by  the  said 
City  Council  from  time  to  time  applied  to  the  payment  of  said  interest  as  the  same 
becomes  due  and  payable,  and  to  no  other  purpose  whatever. 

§  2D.  That  portion  of  township  four  north,  range  nine,  west  of  the  fourth  prin¬ 
cipal  meridian,  lying  within  the  corporate  limits  of  the  city  of  Warsaw,  with  such 
parts  of  said  township  as  may  be  hereinafter  incorporated  with  and  become  under 
the  jurisdiction  of  said  city,  shall  be  and  the  same  is  hereby  erected  into  a  common 
school  district,  to  be  known  as  and  called  the  “  Warsaw  School  District.” 

§  26.  The  care  and  superintendence  of  the  common  schools  within  the  city  of 
Warsaw,  together  with  the  funds  and  estate,  both  real  and  personal,  belonging  to 
and  which  may  be  conveyed  to  said  Warsaw  school  district,  shall  devolve  upon  the 


12 


ORIGINAL  CHARTER. 


City  Council  of  the  city  of  Warsaw,  and  they  shall  have  power  to  appoint,  at  their 
first  meeting  after  their  annual  election  in  each  year,  a  general  supeiintendent  of 
public  schools  for  said  city  of  Warsaw,  whose  term  of  office  shall  be  for  one  year, 
and  until  his  successor  shall  be  duly  elected  and  qualified  and  his  duties  and  the 
amount  of  his  salary  shall  be  defined  by  the  City  Council  of  the  city  of  Warsaw  : 
Provided,  however,  that  the  said  salary  shall  at  no  time  be  paid  out  of  the  school 
fund  belonging  to  said  Warsaw  school  district ;  and  said  City  Council  shall  have 
power  to  make  all  laws  and  ordinances  necessary  and  proper  for  the  management 
of  said  common  schools  not  inconsistent  with  the  constitution  of  this  state. 

§  27.  The  township  funds  and  estate,  real  and  personal,  belonging  to  said  town¬ 
ship  four  north,  range  nine  west,  shall  be  divided  between  the  city  of  Warsaw,  and 
the  portion  of  s^id  township  lying  without  the  ciiy  of  Warsaw,  as  follows:  the 
Trustees  of  schools  of  township  four  north,  range  nine  west,  shall,  within  three 
months  from  and  after  the  passage  of  this  act,  appoint  three  respectable  house¬ 
holders,  one  from  the  city  of  Wrarsaw,  one  from  township  four  north,  range  nine 
west,  residing  outside  of  the  city,  and  one  residing  in  township  four  north,  range 
eight  west,  in  said  Hancock  county,  who,  or  a  majority  of  whom,  after  being  duly 
sworn  well  and  truly  to  perform  their  duly,  shall  ascertain  as  nearly  as  may  be 
the  number  of  white  persons  under  the  age  of  twenty  years  residing  within  said 
township  four  north,  range  nine  west,  both  within  and  without  the  limits  of  said 
city  of  Warsaw,  and  they  shall  divide  and  apportion  the  aforesaid  township  funds 
and  estate  according  to  the  number  of  children  under  the  age  aforesaid,  residing  in 
said  township  within  and  without  said  city  of  Warsaw,  and  shall  pay  over  and 
deliver  to  said  city  the  distributive  share  of  the  said  township  funds  and  estate 
aforesaid,  to  which  the  Warsaw  school  district  may  be  entitled,  according  to  the 
number  of  white  persons  under  the  age  aforesaid,  residing  in  said  township  within 
and  without  the  limits  of  said  city  respectively,  and  the  said  Commissioners  shall 
have  power  to  make  their  deed  of  partition,  and  convey  to  the  city  of  Warsaw  its 
distributive  share  of  the  real  estate  belonging  to  the  school  fund  of  said  township 
aforesaid;  and  incase  the  Commissioners  appointed  as  aforesaid  shall  refuse  or 
neglect  to  perform  the  duties  aforesaid  within  one  month  from  the  time  of  their 
appointment,  the  said  trustees  of  schools  of  said  township  shall  have  power  to 
appoint  ethers  in  their  stead,  either  in  or  out  of  said  city  of  Warsaw,  who  shall, 
in  like  rnannei,be  sworn  and  perform  the  duties  assigned  to  the  first  mentioned 
Commissioners;  and  said  Trustees  shall  have  power  to  make  appointments  and  fill 
vacancies  in  the  same  until  the  objects  of  this  act  are  carried  into  effect:  Provided, 
the  same  shall  be  done  within  twelve  months  from  and  after  the  passage  of  this  act. 

§  28.  The  Trustees  of  schools  of  said  township  four  north,  range  nine  west, 
shall,  upon  such  partition  being  made,  pay  over  and  deliver  to  the  city  of  Warsaw 
the  funds  and  deeds  to  which  said  Warsaw  school  district  may  be  entitled  according 
to  the  division  and  distribution  aforesaid,  and  shall  take  from  the  clerk  of  the  cilv 
of  Warsaw  a  receipt  for  the  same.  All  school  houses  in  said  city  of  Warsaw 
which  have  been  built  by  taxation  or  voluntary  contribution  shall  be  and  remain 
the  property  of  the  city  for  school  purposes,  and  not  subject  to  partition  as  pro¬ 
vided  in  the  preceding  section,  but  the  same  [shall]  be  by  said  Commissioners 
conveyed  to  the  said  city  in  the  same  manner  as  the  property  which  may  be  bv 
them  partitioned  and  set  off  to  said  city  as  hereinbefore  provided. 

§  29.  It  shall  be  the  duty  of  the  City  Council  of  the  city  of  Warsaw  to  cause 
to  be  furnished  to  the  school  Commissioner  of  Hancock  county  an  abstract  of  the 


MISCELL A  NEO US  PROVISIONS. 


13 


whole  number  of  white  children  under  the  age  of  twenty  years,  residing  in  said 
Warsaw  school  district,  within  ten  days  after  the  number  shall  be  ascertained;  and 
the  said  school  Commissioner  shall  annually  pay  to  the  clerk  of  the  city  of  War¬ 
saw'  the  proportion  of  the  school,  college  and  seminary  fund  to  which  the  said 
Warsaw  school  district  may  be  entitled  according  to  the  number  of  children  under 
the  age  aforesaid  residing  in  said  district,  taking  his  receipt  for  the  same:  Pro¬ 
vided,  that  no  abstract  of  the  number  of  children  as  aforesaid,  residing  in  said 
Warsaw  school  district,  shall  be  returned  to  said  school  Commissioner  oftener 
than  once  in  two  years,  as  required  in  other  school  districts. 

§  30.  All  members  of  any  fire  company  of  the  city  of  Warsaw  residing  in  said 
city,  during  the  time  he  shall  remain  a  member  of  such  company,  and  comply 
with  the  rules  and  perform  the  duties  thereof,  shall  be  exempt  from  all  road  and 
street  labor,  and  from  serving  as  jurors,  in  every  case  whatever:  Provided,  that 
this  section  shall  not  be  so  construed  as  to  exempt  any  person  from  any  tax  upon 
property.  * 

§  31.  The  said  city  of  Warsaw  shall  he  exempt  from  the  provisions  of  any  and 
ay  laws  providing  for  a  system  of  township  organization  row  in  force,  or  which 
may  hereafter  be  in  force:  Provided,  that  nothing  in  this  section  contained  shall 
prevent  the  legal  voters  residing  in  said  city  from  Voting  on  the  question  of  town¬ 
ship  organization  at  any  regular  election  held  by  the  county  for  that  purpose. 

§  32.  That  all  general  laws  or  parts  of  laws  heretofore  passed,  or  which  may 
be  hereafter  passed,  for  the  purpose  of  adding  to  or  enlarging  the  powers  of  the 
towns  and  cities  which  have  been  or  hereafter  may  be  incorporated  by  any  special 
act,  or  by  virtue  of  any  general  law  of  this  state,  shall  be  deemed  and  held  to 
apply  as  well  for  the  benefit  of  the  said  city  of  Warsaw  as  of  any  other;  and  it 
shall  at  all  times  be  lawful  for  the  City  Council  of  said  city  of  Warsaw  to  claim 
and  exercise  any  and  all  powers  which  may  have  or  may  hereafter  be  granted  by 
general  laws  for  the  purpose  of  adding  to  or  enlarging  or  extending  the  powers  of 
towns  and  cities  as  aforesaid. 

§  33.  The  City  Council  shall  have  power  to  provide  by  ordinance  that  all  taxes 
levied,  assessed  and  collected  under  and  by  virtue  of  the  provisions  of  this  act 
shall  be  assessed  and  collected  by  the  same  Assessor  and  Collector,  whose  duty  it 
shall  be,  by  general  law,  to  assess  and  collect  the  state  and  count}’’ tax  for  township 
four  north,  range  nine  west,  in  said  Hancock  county.  If  said  City  Council  shall 
wish  to  have  said  city  taxes  so  assessed  and  collected,  it  shall  be  their  duty  to 
inform  the  clerk  of  the  county  court  as  soon  as  convenient  after  the  assessment  is 
made  in  each  year  for  state  and  county  purposes,  of  the  rate  per  cent,  of  taxation 
levied  by  them  for  city  purposes  for  said  year;  and  it  shall  thereupon  be  Ihe  duty 
of  said  County  Clerk  to  carry  out  each,  and  extend  said  tax  upon  the  books  of  the 
Assessor  and  Collector  in  the  same  manner  that  he  is  how  required  by  law  to  carry 
out  and  extend  the  district  school  tax  against  the  name  of  each  tax-payer,  whether 
resident  or  non-resident,  owning  property  in  said  city ;  and  said  city  tax  shall  be 
collected  in  every  respect,  and  the  collection  thereof  enforced  in  like  manner  and 
with  like  remedies  as  the  state  and  county  tax,  and  shall  be  paid  over  by  the  col¬ 
lector  to  the  treasurer  of  said  city  at  the  same  time  that  the  county  revenue  is 
required  to  be  paid  over  to  the  county.  Any  court  which  shall  render  judgment 
in  said  Hancock  county  against  the  lands  and  lots  in  said  city  for  non-payment  of 
taxes  due  the  state  and  county  shall,  at  the  same  time,  include  in  the  same  judgment 
any  and  all  taxes  which  may  be  due  ?aid  city  on  any  such  property.  For  his  ser- 


14 


ORIGINAL  CHARTER. 


vices  in  carrying  out,  adding  and  extending  said  tax  in  the  books  of  the  Assessor 
and  Collector,  said  Clerk  of  the  county  court  shall  receive  one  per  cent,  on  the 
amount  of  tax  collected.  The  Collector  shall  receive  the  same  compensation 
which  may  be  allowed  by  law  for  the  collection  of  state  and  county  taxes,  and 
shall  be  liable  on  his  official  bond  for  the  payment  of  all  such  city  tax  by  him 
collected.  The  fees  of  the  Clerk  and  Collector  to  be  paid  out  of  the  taxes  thus 
collected. 

§  34.  The  aggregate  of  the  general  tax  levied  on  the  entire  real  and  personal 
estate  within  said  city  shall  in  no  one  year  exceed  one  per  cent,  on  the  assessed 
value  threof. 

§  35.  This  act  to  take  effect  from  and  after  its  passage. 

Approved  February  12,  1853. 


AMENDMENTS  TO  THE  CITY  CHARTER, 


AN  ACT  to  amend  an  act  entitled  “An  act  to  incorporate  the  city  of  Warsaw,” 

approved  February  12,  1853. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented  in 
the  General  Assembly,  That  so  much  of  section  No.  twenty-seven  of  article  eight, 
of  the  act  to  which  this  is  an  amendment,  as  limits  the  time  given  to  the  Commis¬ 
sioners  named  in  said  section  to  make  partition  of  the  school  property  belonging  to 
township  four  (4)  north,  range  nine  (9)  west  of  the  fourth  principal  meridian,  in 
Hancock  county,  be  and  the  same  is  hereby  so  amended  as  to  allow  the  said  Com¬ 
missioners  the  further  time  of  one  year  from  the  passage  of  this  act,  to  perform  the 
duties  therein  required  of  them. 

Sec.  2.  That  so  much  of  section  thirty-first  of  article  eight  of  said  act  as 
exempts  said  city  from  any  and  all  laws  providing  for  a  system  of  township  organ¬ 
ization,  be  and  the  same  is  hereby  repealed. 

Sec.  3.  That  hereafter  any  justice  of  the  peace  within  the  limits  of  said  city 
shall  have,  and  they  are  hereby  vested  with  jurisdiction  to  commence,  hear  and 
determine  all  actions  or  causes  of  actions,  which  may  arise  under  the  ordinances 
of  said  city,  when  the  amount  claimed  does  not  exceed  one  hundred  dollars,  in  the 
same  manner  as  is  now  provided  by  law  in  other  cases,  anything  contained  in  the 
aforesaid  act  to  the  contrary  notwithstanding. 

Sec.  4.  This  act  to  take  effect  and  be  m  force  from  and  after  its  passage. 

Approved  March  1,  1854. 


AN  ACT  to  amend  an  act  entitled  “  An  act  to  incorporate  the  city  of  Warsaw.” 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented  in 
the  General  Assembly,  That  the  City  Council  of  the  city  of  Warsaw  be,  and  is 
hereby  authorised  to  issue  bonds  of  said  city,  not  to  exceed  ten  thousand  dollars  in 
amount,  bearing  interest  not  to  exceed  ten  per  cent,  per  annum,  and  payable  within 
ten  years  from  the  date  thereof,  for  the  purpose  of  building  and  furnishing  a  school 
house  or  school  houses,  and  for  the  purchasing  the  necessary  grounds  for  the  samp, 
for  the  use  of  the  common  schools  of  said  city. 

Sec.  2.  For  the  purpose  of  meeting  the  interest  that  may  accrue  on  the  bonds 
hereby  authorized  to  be  issued,  and  also  for  the  payment  of  the  principal  thereof, 
at  as  early  a  day  as  practicable,  the  City  Council  of  said  city  are  hereby  author¬ 
ized  to  levy  a  special  tax  upon  all  the  property,  both  real  and  personal,  in  said 
city,  not  to  exceed  one  per  cent,  on  the  assessed  value  thereof,  which  said  tax  sha  d 
be  in  addition  to  all  other  taxes  authorized  to  be  levied  by  the  City  Council  of  said 
city,  and  the  fund  thus  raised  shall  be  set  apart  and  appropriated  to  the  purposes 
herein  specified  and  to  no  other* 


16 


AMENDMENTS  to  original  charter. 


Sec.  3.  That  whenever  the  City  Council  of  said  city  of  Warsaw  shall  cause 
the  ordinances  of  said  city  to  be  revised  and  published  in  book  or  pamphlet  form, 
it  shall  not  be  necessary  to  make  publication  of  the  ordinances  contained  in  said 
book  or  pamphlet  in  any  public  newspaper,  but  the  time  of  going  into  effect  of 
such  ordinances  as  may  be  published  in  said  book  or  pamphlet  shall  be  determined 
from  the  date  of  the  publication  in  one  of  the  newspapers  printed  in  said  city,  of  a 
proclamation  of  the  Mayor  announcing  the  fact  of  the  publication  of  the  said 
ordinances  in  the  form  before  mentioned. 

Approved  February  14,  1855. 


AN  ACT  authorizing  the  city  of  Warsaw  to  sell  the  School  Lands  belonging  to 

said  city  and  confirming  title  to  the  same. 

Whereas,  by  an  act  entitled  an  act  to  incorporate  the  city  of  Warsaw,  approved 
Feoruary  12,  1853,  the  said  city  and  such  portion  of  township  four  north,  range 
nine  west  of  the  fourth  principal  meridian,  as  may  be  hereafter  incorporated  into 
the  same,  wTas  created  into  a  “  Common  School  District,”  to  be  known  as  and 
called  the  Warsaw  School  District;  and  Whereas,  the  Trustees  of  schools  in 
said  township  four  north,  range  nine  wTest,  were  required  by  said  acts  to  appoint 
three  respectable  householders  tc  act  as  Commissioners,  which  said  Commissioners 
wrere  authorized  and  empowered  by  said  act  to  divide  the  township  funds  and  estate, 
real  and  persona],  between  the  said  city  and  that  portion  of  said  township  lying 
without  the  limits  of  said  city,  in  proportion  to  the  number  of  children  under  the 
age  of  twenty  years,  residing  within  and  without  said  city ;  and  Whereas,  the 
said  Trustees  of  schools  in  pursuance  of  the  requirements  of  said  act,  did  on  the 
third  day  of  August,  a.  d.  1853,  appoint  John  F.  Charles,  a  householder  residing 
in  said  city;  Pierre  A.  Barker,  a  householder  residing  without  the  limits  of  said 
city,  in  township  four  north,  range  nine  west,  and  William  Frazee,  a  resident  of 
township  four  north,  range  eight  west,  said  Commissioners;  and  Whereas,  said 
Commissioners  did  in  pursuance  of  the  powers  vested  by  said  act,  and  an  ac^ 
amendatory  to  the  same,  approved  March  1,  1854,  make  division  of  the  fund* 
belonging  to  said  township,  as  is  by  said  acts  required,  and  did  also  on  the  9th  day 
of  September,  a.  d.  1854,  in  pursuance  of  authority  conferred  in  said  act,  execute 
to  the  city  of  Warsaw  a  deed,  conveying  to  said  city  for  the  use  of  said  Warsaw 
School  District,  its  proper  proportion  of  the  lands  and  town  lots  belonging  to  said 
township.  Now,  therefore, 

Section-  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois ,  represented  in 
the  General  Assembly,  That  the  acts  of  said  Commissioners  be,  and  the  same  is 
hereby  confirmed,  and  the  title  to  all  the  lands  and  town  lots  recited  in  and  intended 
to  be  conveyed  by  said  deed  be,  and  the  same  is  hereby  vested  and  confirmed  in 
said  city  of  Warsaw,  for  the  use  of  said  Warsaw  School  District,  and  no  inform¬ 
ality  in  the  appointment  by  the  Trustees  of  schools  in  said  township,  of  said  Com-, 
missloners,  and  no  informality  in  the  proceedings  of  said  Commissioners  in  making 
said  distribution  and  conveyance  shall  be  allowed  to  impair,  or  in  any  wise  affect 
the  title  by  them  intended  to  be  conveyed  to  said  city  of  Warsaw. 

Sec.  2.  Whenever  two-thirds  of  the  white  male  inhabitants  of  said  city  of 
Warsaw,  of  and  over  the  age  of  twenty-one  years,  shall  petition  the  City  Council 
of  said  city  of  Warsaw,  (said  petition  to  be  signed  and  authenticated  in  manner 


AMENDMENTS  TO  ORIGINAL  CHARTER. 


It 


and  form  as  pointed  out  by  the  10th  section  of  an  act  entitled  an  act  to  establish 
and  maintain  common  schools,  approved  February  12,  1849,)  for  the  sale  of  the 
lands  and  town  lots  held  by  said  city,  for  the  use  of  said  Warsaw  School  District, 
the  said  City  Council  may  authorise  the  Mayor  of  said  city  to  advertise  and  sell 
the  same  in  manner  and  on  such  terms  as  may  be  prescribed  by  ordinance  of  said 
city,  the  funds  atising  from  such  sale  to  be  held  by  the  city,  in  trust,  for  the  use  of 
the  common  schools  in  said  city. 

Sec.  3.  The  Mayor  of  said  city  of  Warsaw  is  hereby  authorized  to  execute 
certificates  of  purchase  to  the  purchasers  of  said  school  lands,  under  direction  of 
the  City  Council,  and  in  pursuance  of  the  ordinance  or  ordinances  that  may  ba 
duly  established  for  that  purpose,  and  after  the  payment  of  the  purchase  money 
by  any  purchaser,  he  shall  execute  a  deed  in  the  form  that  may  be  prescribed  by 
ordinance,  to  the  person  entitled  thereto,  for  any  portion  of  the  lands  or  town 
lots  aforesaid,  and  such  deed  duly  executed  by  the  Mayor  of  said  city,  shall  vest 
the  title  in  fee  simple  in  the  said  purchaser,  his  heirs  or  assigns  forever. 

Approved  Februry  14,  1855. 


AN  ACT  to  amend  an  act  entitled  ec  An  act  to  incorporate  the  city  of  Warsaw, 

approved  February  12,  1853. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented 
in  the  General  Assembly,  That  seetion  two  of  article  one  of  said  act  be  so 
amended  as  to  include  the  following  territory  within  the  limits  of  the  said  city, 
to  wit:  commencing  at  a  point  in  the  middle  of  the  main  channel  of  the  Mis¬ 
sissippi  river,  due  west  of  the  south  line  of  section  seventeen,  in  township  four 
north,  range  nine  west  of  the  fourth  principal  meridian,  and  run  up  stream, 
with  the  middle  of  said  main  channel,  to  a  point  due  north  of  the  centre  line  of 
section  two,  ip  said  township  ;  thence  south,  by  said  line,  to  the  south  line  of  sec¬ 
tion  fourteen,  in  said  township;  thence  west,  to  the  place  of  beginning:  Provided , 
the  said  city  shall  not  have  power  to  declare  and  remove  as  a  nuisance  any  build¬ 
ing  heretofore  erected  within  so  much  of  the  limits  thereof  as  is  extended  by  the 
provisions  of  this  act. 

Sec.  2.  That  where  any  tract  or  tracts  of  land  adjoining  the  said  city,  which 
has  been  or  may  hereafter  be  laid  out  into  lots  or  blocks,  for  the  purpose  of  sale, 
the  same  or  such  portions  thereof  as  has  been  or  may  be  so  laid  out,  shall  become 
and  is  hereby  declared  to  form  and  constitute  a  part  of  said  city,  and  shall  be  held 
and  taken  as  within  said  city  limits,  for  all  purposes  whatsoever. 

Sec.  3.  That  the  City  Council  shall  have  power  to  adopt  by  ordinance,  a  plan 
for  all  future  additions  to  said  city ;  and  all  additions  thereafterward  laid  out  shall 
conform  to  such  plan;  and  that  the  said  City  Council  shall  have  power  to  appoint 
a  city  surveyor  and  to  prescribe  to  him  such  duties  and  regulations  as  they  may 
deem  proper;  said  surveyor  shall  lay  out  all  additions  to  said  city,  and  shall  pos- 
icss  the  same  powers  to  make  surveys  and  plats  thereof  as  is  or  may  be  conferred 
by  law  upon  county  surveyors  ;  and  any  plat  or  addition  laid  out  contrary  to  the 
provisions  of  this  act  or  the  plan  which  may  be  adopted  by  said  City  Coucil,  shall 
be  void. 

Sec.  4.  That  said  city  corporation  shall  have  power  to  subscribe  to  the  capital 
#tock  of  any  railroad  company  in  this  state  the  sum  of  one  hundred  thousand  del- 
2 


18 


AMENDMENTS  TO  ORIGINAL  CHARTER. 


lars,  in  addition  to  the  amount  already  subscribed,  whenever  a  majority  of  the 
legal  voters  thereof  shall  declare  in  favor  of  such  subscription;  which  maybe 
made  in  the  manner  provided  for  in  the  act  to  which  this  is  an  amendment ;  and 
said  subscription,  when  made,  shall  have  the  same  effect,  and  the  bonds  of  the  said 
city  to  be  issued  thereon  in  the  same  manner ;  and  the  said  City  Council  shall 
make  such  provision  for  the  payment  thereof  and  proceed  in  all  other  respects  in 
relation  thereto  conformable  to  the  provisions  of  the  said  act  above  referred  to. 

Approved  February  7,  1857. 


i 


e 


CHARTER  OF  THE  CITY  OF  WARSAW. 


AN  ACT  to  reduce  the  act  incorporating  the  city  of  Warsaw,  and  the  several 
acts  amendatory  thereof,  into  one  act,  and  to  amend  the  same. 


ARTICLE  I. 


<e 

II. 

ft 

III. 

a 

IY. 

u 

Y. 

<c 

VI. 

ft 

VII. 

ft 

VIII. 

if 

IX. 

ft 

X. 

ft 

XI. 

ft 

XII. 

Boundaries,  General  Powers,  and  Formation  of  Wards. 
Officers — their  Election  and  Appointment. 

Elections. 

Powers  and  Duties  of  Officers. 

Of  the  Legislative  Powers  of  the  City  Council  —  it* 
General  Powers  and  Duties. 

Of  Assessments  for  Opening  Streets  and  Alleys. 
Public  Improvements  and  Assessments  therefor. 
Collection  of  Taxes  and  Assessments. 

Board  of  Health. 

Fire  Department. 

Schools  and  School  Fund. 

Miscellaneus  Provisions. 


ARTICLE  I  . 

BOUNDARIES,  GENERAL  POWERS,  AND  FORMATION  OF  WARDS. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented 
in  the  General  Assembly,  That  all  the  district  of  country  in  the  county  of 
Hancock,  and  state  of  Illinois,  contained  within  the  present  incorporate  limit* 
of  the  city  of  Warsaw,  to  wit:  Commencing  at  a  point  in  the  middle  of  the  main 
channel  of  the  Mississippi  river,  due  west  of  the  south  line  of  section  seven¬ 
teen,  in  township  four  north,  range  nine  west  of  the  fourth  principal  meridian, 
and  run  up  the  stream  with  the  middle  of  said  main  channel,  to  a  point  due  north 
of  the  centre  line  in  section  two  in  said  township,  thence  south,  by  said  line,  to 
the  south  line  of  section  fourteen  in  said  township,  thence  west  tp  the  place  of 
beginning,  w’ith  such  other  additions  of  land  as  may  be  incorporated  wuth,  and 
come  under  the  juiisdiction  of  said  city,  is  hereby  erected  into  a  city,  by  the  name 
of  i(  The  City  of  Warsaw.” 

Sec.  2.  The  inhabitants  of  said  city  shall  be  a  corporation  by  the  name  of  the 
City  of  Warsaw,  and  by  that  name  shall  have  perpetual  succession,  sue  and  be 
sued,  and  complain  and  defend  in  any  court ;  may  make  and  use  a  common  seal, 
and  alter  and  change  it  at  pleasure;  may  take,  hold  and  purchase  such  real,  per- 
*onal  or  mixed  estate  as  the  purposes  of  the  corporation  may  require,  within  or 


*0 


CITY  CHARTER. 


without  the  limita  of  the  city,  and  may  sell,  lease  or  dispose  of  the  same  for  the 
benefit  of  the  city. 

Sec.  3.  The  city  of  Warsaw  shall  he  divided  into  three  wards,  the  boundaries 
of  which  shall  be  fixed  by  the  City  Council,  and  shall  be  by  the  City  Council 
changed  from  time  to  time  as  they  shall  see  fit,  having  regard  to  the  number  of 
fre'i  white  male  inhabitants,  so  that  each  ward  shall  contain,  as  near  as  may  be, 
the  same  number  of  white  male  inhabitants.  The  City  Council  may  create  addi¬ 
tional  wards,  as  occasion  may  require,  and  fix  the  boundaries  thereof. 


ARTICLE  II. 

✓  * 

OFFICERS— THEIR  ELECTION  AND  APPOINTMENT. 

Section  1.  The  municipal  government  of  the  city  shall  consist  of  a  City 
Council,  to  be  composed  of  a  Mayor,  and  two  Aldermen  from  each  ward,  who 
fhall  be  elected  by  the  qualified  voters  of  said  city.  The  other  officers  of  the  cor¬ 
poration  shall  be  as  follows :  a  City  Clerk,  a  City  Marshal,  a  City  Treasurer,  a 
City  Attorney,  a  City  Assessor,  a  City  Collector,  a  City  Surveyor  and  Engineer, 
and  a  City  Supervisor,  who,  in  addition  to  the  duties  prescribed  in  this  act,  shall 
perform  such  other  duties  as  may  be  prescribed  by  ordinance. 

Sec.  2.  All  officers  elected  or  appointed  under  this  act,  except  aldermen,  and 
except  herein  otherwise  specially  provided,  shall  hold  their  offices  for  one  year, 
and  until  the  election  or  appointment  and  qualification  of  their  successors  respect¬ 
ively.  All  officers  mentioned  in  this  act,  and  not  otherwise  specially  provided  for, 
shall  be  appointed  by  the  City  Council,  by  ballot,  on  the  third  Monday  of  April 
in  each  year,  or  as  soon  thereafter  as  may  be ;  but  the  City  Council  may  specially 
authorize  the  appointment  of  watchmen  and  policemen  by  the  Mayor,  to  continue 
in  office  during  the  pleasure  of  the  City  Council :  Provided ,  the  Mayor  or  Marshal 
may  be  authorized  to  remove  them  from  office  for  good  cause.  All  officers  elected 
or  appointed  to  fill  vacancies  shall  hold  for  the  unexpired  term  only,  and  until  the 
election  or  appointment  and  qualification  of  their  successors. 

Sec.  3.  The  several  wards  of  the  city  shall  be  represented  in  the  City  Council 
by  two  Aldermen  from  each  ward,  who  shall  be  bona  fide  residents  thereof,  and 
hold  their  offices  for  two  years  from  and  after  their  election,  and  until  the  election 
and  qualification  of  their  successors.  They  shall  be  divided  into  two  classes,  con¬ 
sisting  of  one  Alderman  from  each  ward,  so  that  one  from  each  ward  shall  be 
annually  elected.  At  the  first  meeting  of  the  City  Council  after  the  annual  elec¬ 
tion  in  April  next,  the  Aldermen  shall  be  divided  into  two  classes  by  lot.  The 
term  of  office  of  those  of  the  first  class  shall  expire  in  one  year;  of  those  of  the 
second  class  in  two  years :  Provided ,  that  the  present  Aldermen  of  the  city  whose 
term  of  office  do  expire  at  that  time  shall  be  placed  in  the  first  class,  and  no  elec¬ 
tion  shall  be  held  to  supply  their  places.  At  the  annual  election  in  April,  1859, 
there  shall  be  elected  in  the  first,  second  and  third  wards,  by  the  qualified  voters  in 
each  of  said  wards  respectively,  one  Alderman  in  each  ward,  and  thereafter  annu¬ 
ally  one  Alderman  shall  be  so  elected  in  each  of  the  wards  of  the  city,  to  represent 
such  ward  in  the  City  Council. 

Sec.  4.  If  from  any  cause  there  shall  not  be  a  quorum  of  Aldermen  remaining 


ELECTIONS. 


21 


in  office,  the  clerk  shall  appoint  the  time  and  place  of  holding  a  special  election  to 
supply  such  vacancies,  and  to  appoint  judges  thereof,  if  necessary.  If  any  Aider- 
man  shall  remove  from  the  ward  represented  by  him,  his  office  shall  thereby 
become  vacant.  If  for  any  cause  the  officers  herein  named  shall  not  be  appointed 
on  the  third  Monday  in  April  in  each  year,  the  City  Council  may  adjourn  from 
time  to  time,  until  such  appointments  are  made.  If  there  should  be  a  failure  bv" 
the  people  to  elect  any  officers  herein  required  to  be  elected,  the  City  Council  may 
forthwith  order  a  new  election. 

Sec.  5.  Any  officer  elected  or  appointed  to  any  office  may  be  removed  from 
such  office  by  a  vote  of  two-thirds  of  all  the  Aldermen  authorized  by  law  to  be 
elected.  But  no  officer  shall  be  removed  except  for  good  cause,  nor  unless  first 
furnished  with  the  charges  against  him,  and  heard  in  his  defence:  and  the  City 
Council  shall  have  powder  to  compel  the  attendance  of  witnesses,  and  the  produc¬ 
tion  of  papers,  when  necessary  for  the  purposes  of  such  trial,  and  shall  proceed 
within  ten  days  to  hear  and  determine  upon  the  merits  of  the  case.  And  if  such 
officer  shall  neglect  to  appear,  and  answer  to  such  charges,  then  the  City  Council 
may  declare  the  office  vacant:  Provided,  this  section  shall  not  be  deemed  to  apply 
to  any  officer  appointed  by  the  City  Council ;  such  officer  may  be  removed  at  any 
time  by  a  vote  of  two-thirds,  as  aforesaid,  in  their  discretion;  but  any  officer  may 
be  superseded  until  a  disposition  of  the  charges,  when  preferred. 

Sec.  6.  Whenever  any  vacancy  shall  occur  in  the  office  of  Mayor  or  Alderman, 
such  vacancy  shall  be  filled  by  a  new  election,  and  the  City  Council  shall  order 
such  special  election  within  ten  days  after  the  happening  of  such  vacancy.  Any 
vacancy  occurring  in  any  other  office  may  be  filled  by  appointment  of  the  City 
Council ;  but  no  special  election  shall  be  held  to  fill  vacancies,  if  more  than  nine 
months  of  the  time  expired. 

Sec.  7.  All  citizens  of  the  United  States,  qualified  to  vote  at  any  election  held 
under  this  act,  shall  be  qualified  to  hold  any  office  created  under  this  act;  but  no 
person  shall  be  eligible  to  any  office  under  this  or  any  other  act  in  relation  to  said 
city,  who  is  now,  or  hereafter  be,  a  defaulter  to  said  city,  or  to  the  state  of  Illi¬ 
nois,  or  to  any  other  city  or  county  thereof.  And  any  person  shall  be  considered  a 
defaulter  who  has  refused  or  neglected,  or  may  hereafter  refuse  or  neglect  for 
thirty  days  after  demand  made,  to  account  for  and  pay  over  to  the  party  authorized 
to  receive  the  same,  any  public  money  wffiich  may  Lave  come  into  bis  possession. 
And  if  any  person  bolding  any  such  office  or  place  within  this  city  shall  become  a 
defaulter  whilst  in  office,  the  office  or  place  shall  thereupon  become  vacant. 

Sec.  8.  When  two  or  more  candidates  for  any  office  shall  have  an  e.;ual  num¬ 
ber  of  votes  for  such,  the  election  shall  be  determined  by  the  casting  of  lots,  in  the 
presence  of  the  City  Council. 


ARTICLE  III. 

ELECTIONS. 

Section  1.  A  general  election  of  all  the  officers  of  the  corporation  required 
to  be  elected  by  this  act,  or  any  ordinance  of  the  city,  shall  be  held  in  each  ol  the 
wards  of  the  city  on  the  first  Tuesday  of  April,  in  each  year,  at  such  places  a* 


22 


CITY  CHARTER, 


the  City  Council  may  appoint,  and  of  which  six  days  previous  notice  shall  be 
given,  by  written  or  printed  notices  in  three  public  places  in  each  ward,  or  by 
publication  in  the  newspaper  publishing  the  ordinances  of  the  city,  by  the  City 
Clerk. 

Sec,  2.  The  manner  of  conducting  and  voting  at  the  elections  held  under  this 
act,  and  conducting  the  same,  the  keeping  the  poll-lists,  canvassing  of  the  votes, 
and  certifying  the  returns,  shall  be  the  same,  as  nearly  as  may  be,  as  is  now,  or 
may  hereafter  be  provided  by  law  at  general  state  elections:  Provided,  the  City 
Council  shall  have  power  to  regulate  the  elections,  and  the  appointment  of  the 
judges  thereof.  The  voting  shall  be  by  ballot,  and  the  judges  of  election  shall 
take  the  same  oath,  and  shall  have  the  same  powers  and  authority  as  the  judges  of 
the  general  elections.  After  the  closing  of  the  polls,  the  ballots  shall  he  counted 
in  the  manner  provided  by  law,  and  the  returns  shall  be  returned,  sealed,  to  the 
City  Clerk  within  three  days  after  the  election;  and  thereupon  the  City  Council 
shall  meet  and  canvass  the  same,  and  declare  the  result  of  the  election.  The 
persons  having  the  highest  number  of  votes  for  any  office  shall  be  declared  elected. 
It  shall  be  declared  the  duty  of  the  City  Clerk  to  notify  all  persons  elected  or 
appointed  to  office,  of  their  election  or  appointment,  and  unless  such  persons  shall 
qualify  within  twenty  days  thereafter,  the  office  shall  become  vacant. 

Sec.  3.  No  person  shall  be  entitled  to  vote  at  any  election  under  this  act,  who 
is  not  entitled  to  vote  at  state  elections,  and  has  not  been  a  resident  of  said  city  at 
least  one  month  next  preceding  said  election.  He  shall  have  been,  moreover,  an 
actual  resident  of  the  ward  in  which  he  proposes  to  vote  for  five  days  previous  to 
such  election,  and  if  required  by  any  judge  or  qualified  voter,  shall  take  the  fol¬ 
lowing  oath  before  he  is  permitted  to  vote:  f'I  swear  (or  affirm)  that  I  am  of  the 
age  of  twenty-one  years ;  that  I  am  a  citizen  of  the  United  States  (or  was  a  resi¬ 
dent  of  this  State  at  the  time  of  the  adoption  of  the  constitution),  and  have  been 
a  resident  of  this  State  one  year,  and  a  resident  of  this  city  one  month  immediately 
preceding  this  election,  and  am  now,  and  have  been  for  the  last  five  days  past,  a 
resident  of  this  ward,  and  have  not  voted  at  this  election.”  Provided,  that  the 
voter  shall  be  deemed  a  resident  of  the  ward  in  which  he  is  accustomed  to  lodge. 

Sec.  4.  No  election  shall  be  held  in  any  grog-shop,  or  other  place  where  intox¬ 
icating  liquors  are  vended  by  retail. 

Sec.  5.  The  persons  entitled  to  vote  at  any  elections  held  under  this  act,  shall 
not  be  arrested  on  civil  process  within  said  city  upon  the  day  on  which  said  elec¬ 
tion  is  held;  and  all  persons  illegally  voting  at  any  election  held  under  this  act  or 

the  ordinances  of  the  city  in  pursuance  thereof,  shall  be  punishable  according  to 
the  laws  of  Ihe  State* 


ARTICLE  IV. 

TOWERS  AND  DUTIES  OF  OFFICERS. 

Section  1.  Every  person  chosen  or  appointed  to  an  exective,  judicial  or  ad¬ 
ministrative  office  under  this  act,  shall,  before  he  enters  upon  the  duties  of  his 
office,  take  and  subscribe  the  oath  of  office  prescribed  in  the  constitution  of  this 
State,  and  file  the  same,  duly  certified  by  the  officer  before  whom  it  was  taken, 
With  the  City  Clerk. 


POWERS  AND  DUTIES  OF  OFFICERS, 


23 


Fec.  2.  The  Mayor  shall,  before  he  enters  upon  the  discharge  of  his  office,  in 
addition  to  the  usual  oath,  swear  or  affirm  “ That  he  will  devote  so  much  of  his 
time  to  the  duties  of  his  office  as  an.  efficient  and  the  faithful  discharge  thereof 
may  require.”  He  shall  preside  over  the  meetings  of  the  City  Council,  and  shall 
take  care  that  the  laws  of  this  State  and  the  ordinances  of  this  city  are  duly  en¬ 
forced,  respected  and  observed  "within  the  city,  and  that  all  other  officers  of  the 
city  discharge  their  respective  duties ;  and  he  shall  cause  negligence  and  positive 
violation  of  duty  to  be  prosecuted  and  punished.  He  shall,  from  time  to  time, 
give  the  City  Council  such  information  and  recommend  such  measures  as  he  may 
deem  advantageous  to  the  city. 

Sec.  3.  He' is  hereby  authorized  to  call  on  any  and  all  white  male  inhabitants 
of  the  city  or  county  over  the  age  of  eighteen  years,  to  aid  in  the  enforcing  the 
laws  of  the  State  or  the  ordinances  of  the  city,  and  in  case  of  riot  to  call  out  the* 
militia  to  aid  in  suppressing  the  same,  or  carrying  info  effect  any  law  or  ordinance. 
And  any  person  who  shall  not  obey  such  call,  shall  forfeit  to  said  city  a  fine  of  not 
less  than  five  dollar? 

Sec.  4.  He  shall  have  power,  whenever  he  may  deem  it  necessary,  to  require  of 
any  of  the  officers  of  the  city  an  exhibit  of  all  his  books  and  papers,  and  he  shall 
have  power  to  execute  all  acts  that  may  be  lequired  of  him  by  this  act,  or  any 
ordinance  made  in  pursuance  thereof. 

Sec.  5.  He  shall  be  liable  to  indictment  in  the  circuit  court  of  Hancock 
county  for  palpable  omission  of  duty,  willful  oppression,  malconduct  or  partiality 
in  the  discharge  of  the  duties  of  his  office,  and  upon  conviction,  shall  be  subject  to 
a  fine  not  exceeding  one  hundred  dollars,  and  the  court  shall  have  power,  upon 
recommendation  of  the  jury,  to  add,  as  part  of  the  judgment,  that  he  be  removed 
from  office. 

Sec.  6.  He  shall  have  such  salary  as  may  be  fixed  by  ordinance,  not  exceeding 
six  hundred  dollars  per  annum. 

Sec.  7.  All  ordinances  and  resolutions  shall,  before  they  take  effect,  be  placed 
in  the  office  of  the  City  Clerk,  and  if  the  Mayor  approve  thereof,  he  shall  sign  the 
same ;  and  such  as  he  shall  not  approve,  he  shall  return  to  the  City  Council,  with 
his  objections  thereto.  Upon  the  return  of  any  ordinance  or  resolution  by  the 
Mayor,  the  vote  by  which  the  same  was  passed  shall  be  reconsidered,  and  if,  after 
such  reconsideration,  a.  majority  of  all  the  members  elected  to  the  City  Council 
shall  agree,  by  the  “ayes  and  noes,”  which  shall  be  filtered  upon  the  journals,  to 
pass  the  same,  it  shall  go  into  effect ;  and  if  the  Mayor  shall  neglect  to  approve  or 
object  to  any  such  proceeding  for  a  longer  period  than  three  days  after  the  same 
shall  be  placed  in  the  clerk’s  office  as  aforesaid,  the  same  shall  go  into  effect.  He 
shall,  ex-officio,  have  power  to  administer  any  oath  required  to  be  taken  by  this 
act,  or  any  law  of  the  State  ;  to  take  depositions,  the  acknowledgment  of  deeds, 
mortgages,  and  all  other  instruments  of  writing,  and  certify  the  same,  under  the 
seal  of  the  city,  which  shall  be  good  and  valid  in  law. 

Sec.  8.  In  case  of  vacancy  in  the  office  of  Mayor,  or  of  his  being  unable  to 
perform  the  duties  of  his  office,  by  reason  of  temporary  or  continued  absence  or 
sickness,  the  City  Council  shall  appoint  one  of  its  members,  by  ballot,  to  preside 
over  their  meetings,  whose  official  designation  shall  be  “  Acting  Mayor ;  ”  and  the 
Alderinart  so  appointed  shall  be  vested  with  all  the  powers  and  perform  all  the 
duties  of  Mayor,  and  until  the  Mayor  shall  resume  his  office,  or  the  vacancy  shall 
be  filled  by  a  «ew  electiorn 


24 


CITY  CHARTER. 


Sec.  9.  The  Clerk  shall  keep  the  corporate  seal,  and  all  books  and  papers 
belonging-  to  the  city.  He  shall  attend  all  meetings  of  the  City  Council,  and  keep 
a  full  record  of  their  proceedings  on  the  journals;  and  copies  of  all  papers  duly 
filed  in  his  office;  and  transcripts  from  the  journals  of  the  proceedings  of  the  City 
Council,  certified  by  him  under  the  corporate  seal,  shall  be  evidence  in  all  courts, 
in  like  manner  as  if  the  original  wtre  produced.  He  shall  likewise  draw  all  war¬ 
rants  on  the  treasury,  and  countersign  the  same,  and  keep  an  accurate  account 
thereof  in  a  book  provided  for  that  purpose.  He  shall  also  keep  an  accurate 
account  of  all  receipts  and  expenditures,  in  such  manner  as  the  City  Council  shall 
direct ;  and  he  shall  have  power  to  administer  any  oath  required  to  be  taken  by 
this  act. 

Sec.  10.  It  shall  be  the  duty  of  the  City  Attorney  to  perform  all  professional 
'services  incident  to  his  office,  and  when  required,  to  furnish  written  opinions  upon 
questions  and  subjects  submitted  to  him  by  the  Mayor,  or  City  Council  or  its  com¬ 
mittees  :  Provided ,  however,  that  the  offices  of  City  Clerk  and  City  Attorney  may 
be  vested  in  the  same  person. 

Sec.  11.  The  City  Treasurer  shall  receive  all  moneys  belonging  to  the  city,  and 
shall  keep  ar.  accurate  account  of  all  receipts  and  expendituies,  in  such  manner  as 
the  City  Council  shall  direct.  All  moneys  shall  be  draw’ll  from  the  treasury  in 
pursuance  of  an  older  of  the  City'  Council,  by  a  treasury  warrant,  signed  by  the 
Mayor  or  the  presiding  officer  of  the  City  Council,  and  countersigned  by  the  Clerk. 
Such  warrant  shall  specify  for  what  purpose  the  amount  therein  named  is  to  be 
paid.  The  Treasurer  shall  exhibit  to  the  City  Council  at  least  twenty  days  before 
the  annual  election  of  each  year,  and  oftener  if  required,  a  full  and  detailed 
account  of  all  receipts  and  expenditures  since  the  date  of  the  last  annual  report, 
and  also  the  state  of  the  treasury  :  which  account  shall  be  filed  in  the  office  of  the 
Clerk. 

Sec.  12.  The  City  Marshal  shall  perform  such  duties  as  shall  be  prescribed  by 
the  City  Council,  for  the  preservation  of  the  public  peace,  the  collection  of  license 
money,  fines,  or  otherwise.  He  shall  possess  the  powers  and  authority  of  a  con¬ 
stable,  at  common  law,  and  under  the  statutes  of  this  State,  and  receive  like  fees: 
but  shall  not  serve  civil  process  without  first  entering  into  bond  as  such  constable, 
to  be  approved  by  the  Supervisor  of  the  (own,  as  in  other  cases.  He  shall  execute 
and  return  all  process  issued  by  any  proper  offier  under  this  act,  or  any  ordinance 
in  pursuance  thereof. 

Sec.  13.  The  City  Engineer  or  Surveyor  shall  have  the  sole  power,  under  the 
direction  and  control  of  the  City  Council,  to  survey  within  the  city  limits ;  and  he 
shall  be  governed  by  such  rules  and  ordinances,  and  receive  such  fees  and  emolu¬ 
ments  for  his  services  as  the  City  Council  shall  direct  and  prescribe.  He  shall 
possess  the  same  powers  in  making  plats  and  surveys  wuthin  the  city,  as  is  given 
by  law  to  county  surveyors;  and  the  like  effect  and  validity  shall  be  given  to  his 
acts,  and  to  all  plats  and  surveys  made  by  him,  as  are  or  may  be  given  bjr  law  to 
the  acts,  plats  or  surveys  of  the  county  surveyor.  He  shall,  when  required,  super¬ 
intend  the  construction  of  all  public  works  ordered  by  the  city,  make  out  the  plans 
and  estimates  thereof,  and  contract  for  the  execution  of  the  same.  He  shall  per¬ 
form  all  surveying  and  engineering  ordered  by  the  City  Council,  and  shall,  under 
their  direction,  establish  the  grades  and  boundaries  of  streets  and  alleys  ;’but  such 
plans,  estimates,  contracts,  grades  and  boundaries,  shall  be  first  reported  to  the  City 
Council,  and  approved  of  by  them,  or  they  shall  not  be  valid. 


LEGISLATIVE  POWERS  OF  CITY  COUNCIL. 


25 


Sec.  14.  The  Supervisor  shall  superintend  all  local  improvements  in  the  city, 
and  carry  into  effect  all  orders  of  the  City  Council  in  relation  thereto.  It  shall 
also  be  his  duty  to  superintend  and  supervise  the  opening  of  streets  and  alleys,  and 
the  grading,  improving  and  repairing  thereof,  and  the  constructing  and  repairing 
of  bridges,  culverts  and  sewers;  to  order  the  laying,  relaying  and  reparing  of  side¬ 
walks  ;  to  give  notice  to  the  owners  .of  property  adjoining  such  sidewalks  when 
required,  and  upon  the  failure  of  any  person  to  comply  with  such  notice,  to  cause 
the  same  to  be  laid,  relaid  or  repaired,  and  apportion  the  cost  thereof  among  the 
persons  or  lots  properly  chargeable  therewith,  and  deliver  the  account  thereof  to 
the  City  Clerk,  to  be  laid  before  the  City  Council;  to  make  plans  and  estimates  of 
any  work  ordered  in  relation  to  streets  and  alleys,  bridges,  culverts  or  sewers;  to 
keep  full  and  accurate  accounts,  in  appropriate  books,  of  all  appropriations  made 
for  work  pertaining  to  his  office,  and  of  all  disbursements  thereof,  specifying  to 
whom  made,  and  on  what  account ;  and  he  shall  render  monthly  accounts  therof  to 
the  City  Council. 

Sec.  15.  The  City  Council  shall  have  power,  from  time  to  time,  to  require  fur¬ 
ther  and  other  duties  of  all  officers  whose  duties  are  herein  prescribed,  and  pre¬ 
scribe  the  powers  and  duties  of  all  officers  elected  or  appointed  to  any  office  under 
this  act,  whose  duties  a.re  not  herein  specifically  mentioned,  and  fix  their  compen¬ 
sation.  They  may  also  require  all  officers  severally,  before  they  enter  upon  the 
duties  of  their  respective  offices,  to  execute  a  bond  to  the  city  of  Warsaw,  in  such 
sum  and  with  such  securities  as  they  may  approve,  conditioned  that  they  shall 
faithfully  execute  the  duties  of  their  respective  officers,  and  account  for  and  pay 
over  and  deliver  all  moneys  and  other  property  received  by  them,  which  bond,  with 
the  approval  of  the  City  Council  certified  thereon  by  the  Clerk,  shall  be  tiled  in 
his  office. 

Sec.  16.  If  any  person  having  been  an  officer  of  said  city,  shall  not,  within  tec 
days  after  notification  and  request,  deliver  *o  his  successor  in  office  all  the  property, 
books,  papers  and  effects  of  every  description  in  his  possession,  belonging  to  said 
city,  or  appertaining  to  his  said  office,  be  shall  forfeit  and  pay  for  the  use  of  the 
city  fifty  dollars,  besides  all  damages  caused  by  his  refusal  or  neglect  so  to  deliver. 
And  such  successor  may  recover  possession  of  the  books,  papers  and  effects 
belonging  to  his  office,  in  the  manner  prescribed  by  the  laws  of  the  State. 


ARTICLE  V  . 

OF  THE  LEGISLATIVE  POWERS  OF  THE  CITY  COUNCIL  —  ITS  GENERAL 

POWERS  AND  DUTIES. 

Section  1.  The  Mayor  and  Aldermen  shall  constitute  the  City  Council  of  the 
city.  The  City  Council  shall  meet  at  such  time  and  place  as  they  shall  by  resolu¬ 
tion  direct.  The  Mayor,  when  present,  shall  preside  at  all  meetings  of  the  City 
Council,  and  shall  have  only  a  casting  vote :  in  his  absence  any  one  of  the  Aider- 
men  may  be  appointed  to  preside.  A  majority  of  the  persons  elected  Aldermen 
shall  constitute  a  quorum. 

Sec.  2.  No  member  of  the  City  Council  shall,  during  (he  period  for  which  he 
ip  elected,  be  appointed  to,  or  be  competent  to  hold  any  office  of  which  the  emolu- 


25 


CITY  CHARTER. 


menls  arc  paid  from  the  city  treasury,  or  paid  by  fees  directed  to  be  paid  by"  any 
act  or  ordinance  of  the  City  Council,  or  be  directly  or  indirectly  interested  in  any 
contract,  the  expense  or  consideration  whereof  is  to  be  paid  under  any  ordinance 
of  the  City  Council,  or  be  allowed  to  vote  in  any  matter  in  which  he  is  directly 
interested,  personally  or  pecuniarily  interested,  or  become  security  for  any  city 
office. 

Sec.  3.  The  City  Council  shall  hold  twelve  stated  meetings,  one  in  each  month 
during  the  year;  and  the  Mayor,  or  any  two  Aldermen,  may  call  special  meetings, 
by  notice  to  each  of  the  members  of  the  Council,  served  personally  or  left  at  their 
usual  place  of  abode.  Petitions  and  remonstrances  may  be  presented  to  the  City 
Council,  and  they  shall  determine  the  rule  of  their  own  proceedings,  and  be  the 
judges  or  the  election  and  qualification  of  their  own  members,  and  shall  have 
power  to  compel  the  attendance  of  absent  members. 

Sec.  4.  The  City  Council  shall  have  the  control  of  the  finances,  and  of  all  the 
property,  real  and  personal  and  mixed,  belonging  to  the  corporation,  and  shall 
likewise  have  power  within  the  jurisdiction  of  the  city  by  ordinance: 

First — To  borrow  money  on  the  credit  of  the  city,  and  issue  the  bonds  of  the 
city  therefor:  but  no  sum  of  money  shall  be  borrowed  at  a  higher  rate  of  interest 
than  the  rate  allowed  by  law,  nor  shall  a  greater  sum  or  sums  be  borrowed,  or  at 
any  time  outstanding,  the  interest  upon  the  aggregate  of  which  shall  exceed  one 
half  of  the  city  revenue,  arising  from  the  ordinary  taxes  on  the  real  estate  within 
the  city  for  the  year  immediately  preceding.  The  appropriations  of  the  City 
Council  for  payment  of  interest,  for  improvements,  and  for  city  expenses,  during 
any  one  fiscal  year,  shall  not  exceed  the  amount  of  the  whole  ordinary  revenue  of 
the  city  for  the  fiscal  year  immediately  preceding ;  but  the  City  Council  may  apply 
any  surplus  money  in  the  treasury  to  the  extinguishment  of  the  city  debt,  or  to  the 
creation  of  a  sinking  fund,  for  that  purpose,  or  to  the  carrying  on  the  public  works 
of  the  city,  or  to  the  contingent  fund  for  the  contingent  expenses  of  the  city. 

Second — To  appropriate  money,  and  to  provide  for  the  payment  of  the  debts  and 
expenses  of  the  city. 

Third — To  make  regulations  to  prevent  the  introduction  of  contagious  diseases 
into  the  city.  To  make  quarantine  laws  for  that  purpose,  and  to  enforce  them 
within  the  city,  and  within  five  miles  thereof. 

Fourth — To  make  regulations  to  secure  the  general  health  and  comfort  of  the 
inhabitants ;  to  prevent,  abate  and  remove  nuisances,  and  to  punish  authors  thereof, 
by  penalties,  fine  and  imprisonment ;  to  define  and  declare  wThat  shall  be  deemed 
nuisances,  and  authorize  and  direct  the  summary  abatement  thereof. 

Fifth — To  provide  the  city  with  water;  to  make,  regulate  and  establish  public 
welts,  pumps  and  cisterns,  hydrants  and  reservoirs  in  the  streets  within  the  city,  or 
beyond  the  limits  thereof,  for  the  extinguishment  of  fires  and  the  convenience  of 
the  inhabitants ;  and  to  prevent  the  unnecessary  waste  of  water. 

Sixth — To  have  the  exclusive  control  and  power  over  the  streets,  alleys  and 
highways  of  the  city,  and  to  abate  and  remove  any  encroachments  or  obstructions 
thereon ;  to  open,  alter,  abolish,  widen,  extend,  straighten,  establish,  regulate, 
grade,  clean  or  otherwise  improve  the  same;  to  put  drains  and  sewers  therein,  and 
prevent  the  encumbering  thereof  in  any  manner,  and  protect  the  same  from  any 
encroachment  or  injury. 

Seventh — To  establish,  erect,  construct,  regulate  and  keep  in  repair  bridges,  cul-* 
Verts  and  sewers,  sidewalks  and  cross- ways,  and  regulate  the  construction  and  us© 


LEGISLATIVE  POWERS  OF  THE  CITY  COUNCIL. 


27 


of  the  same,  and  to  abate  any  obstructions  or  encroachments  thereof;  to  establish, 
alter,  change  and  straighten  the  channels  of  water  courses  and  natural  drains;  to 
sewer  the  same,  or  wall  them  up  and  cover  them  over ;  and  to  prevent,  regulate 
and  control  the  filling  up,  altering  or  changing  the  channels  thereof,  by  private 
persons. 

Eighth— To  provide  for  lighting  the  streets  and  erecting  lamp-posts  and  lamps 
therein,  and  to  regulate  the  lighting  thereof,  and  from  time  to  time  create,  alter  or 
extend  lamp  districts;  to  exclusively  regulate,  direct  and  control  the  laying  and 
repairing  the  gas  pipes  and  gas  fixtures  in  the  streets,  alleys  and  sidewalks. 

Ninth — To  establish  and  erect  markets  and  market  houses,  and  other  public 
buildings  of  the  city,  and  provide  for  the  government  and  regulation  therof,  and 
their  ereclion  and  location;  and  to  authorize  their  erection  in  the  streets  and 
avenues  of  the  city,  and  for  the  continuation  of  such  as  are  already  erected  within 
the  same. 

Tenths' To  provide  for  the  enclosing,  regulating  and  improving  all  public  grounds 
and  cemeteries  belonging  to  the  city,  and  to  direct  the  regulating  and  planting  and 
preserving  of  ornamental  and  shade  trees  in  the  streets  or  public  grounds. 

Eleventh — To  erect  and  establish  one  or  more  hospitals  or  dispensaries,  and  con¬ 
trol  and  regulate  the  same. 

Twelfth — To  prevent  the  incumbering  of  the  streets,  alleys,  sidewalks  or  public 
grounds  with  carriages,  wagons,  carts,  wheelbarrows,  boxes,  lumber,  timber,  fire¬ 
wood,  posts,  awnings,  signs,  or  any  other  substance  or  material  whatever.  To 
compel  all  persons  to  keep  the  snow,  ice,  dirt  and  other  rubbish  from  the  sidewalk 
and  street  gutters  in  front  of  the  premises  occupied  by  them. 

Thirteenth — To  license,  tax  and  regulate  merchants,  commission  merchants,  inn¬ 
keepers,  pawn-brokers,  money-brokers,  insurance-brokers  and  auctioneers;  and  to 
impose  duties  upon  the  sale  of  goods  at  auction.  To  license,  tax,  regulate  and 
suppress  and  prohibit  hawkers,  peddlers,  pawn-brokers,  grocery-keepers,  and 
keepers  of  ordinaries,  theatrical  or  other  exhibitions,  shows  and  amusements. 

Fourteenth — To  license,  tax,  regulate  and  suppress  hackmen,  draymen,  omnibus 
drivers,  porters,  and  all  others  pursuing  like  occupations,  with  or  without  vehicles, 
and  prescribe  their  compensation ;  and  to  regulate  and  restrain  runners  for  stages, 
cars,  and  public  houses. 

Fifteenth — To  license,  tax,  regulate,  prohibit  and  suppress  billiard  tables,  pin 
alleys  and  ball  alleys.  To  suppress  and  restrain  disorderly  houses,  tippling  shops 
and  groceries,  bawTdy  bouses,  gaming  and  gambling  houses,  lotteries,  and  all  fraud¬ 
ulent  devices  and  practices,  and  all  playing  of  cards,  dice,  and  other  games  of 
chance,  with  or  without  betting,  and  to  authorize  the  destruction  of  all  instruments 
and  devices  used  for  the  purposes  of  gaming. 

Sixteenth — To  authorize  the  proper  officer  of  the  city  to  grant  and  issue  licenses} 
and  to  direct  the  manner  of  issuing  and  registering  thereof,  and  the  fees  and  charges 
to  be  paid  therefor.  No  license  shall  be  granted  for  more  than  one  year,  and  not 
less  than  three  dollais  nor  more  than  five  hundred  dollars  shall  be  charged  for  any 
license  under  this  act ;  and  the  fees  for  issuing  the  same  shall  not  exceed  one  dol¬ 
lar;  but  no  license  for  the  sale  of  wines  or  other  liquors,  ardent  or  vinous,  fer¬ 
mented  or  ir  alt,  at  retail  by  grocery  keepers  or  others,  shall  be  issued  for  less  than 
fifty  dollars. 

Seventeenth — To  regulate,  restrain  and  prohibit  the  selling  or  giving  away  of  any 
intoxicating  or  malt  liquois,  by  any  person  within  the  city,  except  by  persons  duly 


23 


CITY  CHARTER. 


licensed.  To  forbid  and  punish  the  selling  or  giving  away  of  any  intoxicating  or 
malt  liquors  to  any  minor,  apprentice,  or  servant,  without  the  consent  of  the 
parent,  guardian,  master  or  mistress. 

Eighteenth — To  restrain,  prevent  and  punish  forestalling  and  regrating;  to  regu¬ 
late  the  inspection  and  vending  of  fresh  meats,  poultry  and  vegetables,  butter,  lard 
and  other  provisions,  and  the  place  and  manner  of  selling  fish,  and  inspecting  ihes 
same. 

Nineteenth — To  regulate,  license  and  prohibit  butchers,  and  to  revoke  their  license 
for  inalconduct  in  the  course  of  trade. 

Twentieth — To  establish  standard  weights  and  measures,  and  regulate  the  weights 
and  measures  to  be  used  within  the  city,  in  all  cases  not  otherwise  provided  by 
law.  To  require  all  traders  or  dealers  in  merchandise  or  property  of  any  descrip¬ 
tion,  which  is  sold  by  measure,  which  is  sold  by  weight  or  measure,  to  cause  their 
measures  and  weights  to  be  tested  and  sealed  by  the  city  sealer,  and  to  be  subject  to 
his  inspection.  The  standard  of  such  weights  and  measures  shall  be  conformable 
to  those  established  by  law  or  ordinance. 

Twenty-first — To  regulate  and  provide  for  the  inspecting  and  measuring  of  lum¬ 
ber,  shingles,  timber,  posts,  staves,  heading,  and  all  kinds  of  building  materials, 
and  for  the  measuring  of  all  kinds  of  mechanical  work,  and  to  appoint  one  or 
more  inspectors  or  measurers. 

Twenty-second — To  provide  for  the  inspection  and  weighing  of  hay,  lime  and 
stone  coal,  and  the  place  and  manner  of  selling  the  same.  To  regulate  the  meas¬ 
urement  of  firewood,  charcoal  and  other  fuel  to  be  sold  or  used  within  the  city, 
and  the  place  and  manner  of  selling  the  same. 

Twenty-third — To  regulate  the  inspection  of  beef,  pork,  flour,  meal  and  other 
provisions,  salt,  whisky  and  other  liquors  to  be  sold  in  barrels,  hogsheads  and  other 
vessels  or  packages.  To  appoint  weighers,  guagers  and  inspectors,  and  prescribe 
their  duties  and  regulate  their  fees :  Provided ,  that  nothing  herein  shall  be  so  con¬ 
strued  as  to  require  the  inspection  of  any  articles  enumerated  herein,  which  are  to 
be  shipped  beyond  the  limits  of  this  State,  except  at  the  request  of  the  owner 
thereof,  or  his  agent. 

Twenty-foui  th — To  regulate  the  weight  and  quality  of  bread  to  be  sold  or  used 
within  the  city. 

Twenty-fifth— -To  regulate  the  size  and  quality  of  bricks  to  be  sold  within  the 
city,  and  the  inspection  thereof. 

Twenty-sixth — To  create,  regulate  and  establish  the  police  of  the  city;  to  ap¬ 
point  watchmen  and  policemen,  and  prescribe  their  duties  and  powers. 

Twenty -seventh — To  prevent  and  suppress  any  riot,  rout,  affray,  noise,  disturb¬ 
ance  or  disorderly  assemblage  in  any  public  or  private  place  within  the  city. 

Twenty-eighth — To  prohibit,  prevent  and  suppress  horse-racing,  immoderate 
riding  or  driving  in  the  streets,  and  to  authorize  persons  immoderately  riding  or 
driving,  as  aforesaid,  to  be  stopped  by  any  person ;  to  prohibit  and  punish  the 
abuse  of  animals;  to  compel  persons  to  fasten  their  horses  or  other  animals, 
attached  to  vehicles  or  otherwise,  while  standing  or  remaining  in  the  streets. 

Twenty-ninth — To  restrain  and  punish  vagrants,  mendicants,  street  beggsrs  and 
prostitutes. 

Thirtieth — To  regulate,  restrain  or  prohibit  the  running  at  large  of  horses  or 
cattle,  swine,  sheep,  goats  and  geese;  and  to  authorize  the  distraining,,  impounding 
aad  sale  of  the  same,  for  the  costs  of  the  proceedings  and  the  penalty  incurred ; 


LEGISLATIVE  POWERS  OF  THE  CITY  COUNCIL. 


29 


j» ml  to  impose  penalties  on  the  owners  thereof,  for  a  violation  of  any  ordinance  in 
relation  thereto.  To  regulate,  restrain  and  prohibit  the  running  at  large  of  dogs, 
and  to  authorize  their  destruction  when  at  large  contrary  to  ordinance,  and  to  im¬ 
pose  penalties  on  the  owners  or  keepers  thereof. 

Thirty-first — To  prohibit  and  restrain  the  rolling  of  l  oops,  flying  of  kites,  or 
any  other  amusements  or  practices  tending  to  annoy  persons  passing  on  the  streets 
or  sidewalks,  or  to  frighen  horses  or  teams  ;  to  restrain  and  prohibit  the  ringing  of 
bells,  blowing  of  horns  or  bugles,  crying  of  goods,  and  all  other  noises,  practices 
and  performances  tending  to  the  collecting  of  persons  on  the  streets  or  sidewalks, 
by  auctioneers  and  others,  for  the  purpose  of  business,  amusement,  or  otherwise. 

Thirty-second — To  abate  all  nuisances  which  may  injure  or  affect  the  public 
health  or  comfort,  in  any  manner  they  may  deem  expedient. 

Thirty-third — To  do  all  acts,  and  make  all  regulations  which  may  be  necessary 
or  expedient  for  the  promotion  of  health  and  the  suppression  of  disease. 

Thirty-fourth — To  compel  the  owner  or  occupant  of  any  grocery,  cellar,  soap 
or  tallow  chandlery,  or  blacksmith  shop,  tannery,  stable,  privy,  sewer,  or  other 
unwholesome  or  nauseous  house  or  place,  to  cleanse,  remove  or  abate  the  same,  as 
may  be  necessary  for  the  health,  comfort  and  convenience  of  the  inhabitants. 

Thirty-fifth — To  direct  the  location  and  regulate  the  management  of  breweries, 
tanneries,  blacksmith  shops,  foundries,  livery  stables,  and  packing  houses.  To 
direct  the  location  and  regulate  the  management  and  construction  of,  and  restrain, 
abate  and  piohibit  within  the  city,  and  to  the  distance  of  one  mile  from  the  limits 
thereof,  distilleries,  slaughtering  establishments,  establishments  for  steaming  or 
rendering  lard,  tallow,  offal,  and  such  other  substances  as  may  be  rendered,  and  all 
other  establishments  or  places  where  any  nauseous,  offensive  or  unwholesome  busi¬ 
ness  may  be  carried  on. 

Thirty-sixth — To  regulate  the  burial  of  the  dead;  to  establish  and  regulate  one 
or  more  cemeteries;  to  regulate  the  registration  of  births  and  deaths;  to  direct  the 
returning  and  keeping  of  bills  of  mortality,  and  to  impose  penalties  on  physicians 
and  sextons,  and  others,  for  any  default  in  the  premises. 

Thirty-seventh — To  provide  for  the  taking  and  enumeration  of  the  inhabitants  of 
the  city. 

Thirty-eighth — To  erect  and  establish  a  work-house  or  house  of  correction  ;  make 
all  necessary  regulations  therefor,  and  appoint  all  necessary  keepers  and  assistants. 
In  such  work-house  or  house  of  correction  may  be  confined  all  vagrants,  stragglers, 
idlers,  and  disorderly  persons,  who  tna)7-  be  committed  thereto  by  any  proper  officer, 
and  ail  persons  sentenced  by  any  criminal  court  or  magistrate  in  and  for  the  city, 
or  for  the  county  of  Hancock,  for  any  assault  and  battery,  petit  larceny,  or  other 
misdemeanor,  punishable  by  imprisonment  in  any  county  jail.  And  any  person 
who  shall  fail  or  neglect  to  pay  any  fine,  penalty  or  cost  imposed  by  any  ordinance 
of  the  city,  for  any  misdemeanor,  or  breach  of  any  ordinance  of  the  city,  may 
instead  of  being  committed  to  the  county  jail  of  Hancock  county  to  be  kept  therein- 
lubject  to  labor  and  confinement. 

Thirty-ninth — To  authorize  and  direct  the  taking  up,  and  provide  for  the  safe 
keeping,  and  education  for  such  period  of  time  as  may  be  deemed  expedient  of  ail 
children  who  are  destitute  of  proper  parental  care,  wandering  about  the  streets, 
committing  mischief,  and  growing  up  in  mendicancy,  idleness  and  vice. 

fortieth  To  fill  up,  drain,  cleanse,  alter,  relay,  repair  and  regulate  any  grounds, 
lots,  yards,  cellars,  private  drains,  sinks  and  privies;  direct  and  regulate  their  con- 


30 


CITY  CHARTER. 


struction,  and  cause  the  expenses  thereof  to  be  assessed  and  collected  in  the  same 
manner  as  sidewalk  assessments. 

Forty-first — To  direct  and  control  the  laying  and  construction  of  railroad  tracks, 
bridges,  turn-outs  and  switches,  in  the  streets  and  alleys,  and  the  location  of  depot 
grounds  within  the  city.  To  require  that  railroad  tracks,  bridges,  turn-outs  and 
switches  shall  be  so  constructed  and  laid  as  to  interfere  as  little  as  possible  with 
the  ordinary  travel  and  use  of  the  streets  and  alleys;  and  that  sufficient  space  shall 
be  left  on  either  side  of  said  tracks  for  the  safe  and  convenient  passage  of  teams 
and  persons.  To  require  railroad  companies  to  keep  in  repair  the  streets  through 
which  their  track  may  run,  and  to  construct  and  keep  in  repair  suitable  crossings 
at  the  intersections  of  streets  and  alleys,  and  ditches,  sewers  and  culverts,  when 
the  City  Council  shall  deem  necessary.  To  direct  and  prohibit  the  use  and  regu¬ 
late  the  speed  of  locomotive  engines  within  the  inhabited  portions  of  the  city.  To 
prohibit  and  restrain  railroad  companies  from  doing  storage  or  warehouse  business, 
or  collecting  pay  lor  storage. 

Forty-second — The  City  Council  shall  have  power  to  pass,  publish,  amend  and 
repeal  all  ordinances,  rules  and  police  registrations  not  contrary  to  the  constitution 
of  the  United  States  or  of  this  State,  for  the  good  government,  peace  and  order  of 
the  city,  and  the  trade  and  commerce  thereof,  that  may  be  necessary  or  proper  to 
carry  into  effect  the  powers  vested  by  this  act  in  the  corporation,  the  city  gov¬ 
ernment,  or  any  department  or  officer  thereof,  to  enforce  the  observance  of  all  such 
rules,  ordinances  and  police  regulations,  and  to  punish  violations  thereof  by  fines, 
penalties  and  imprisonment  in  the  county  jail,  city  prison  or  work-house,  or  both, 
in  the  discretion  of  the  couit  or  magistrate  before  whom  conviction  may  be  had. 
But  no  fine  or  penalty  shall  exceed  five  hundred  dollars,  nor  the  imprisonment  six 
months,  for  any  offence,,  and  such  fine  or  penalty  may  be  recovered,  with  costs,  in 
an  action  of  debt  ill  the  name  of,  or  for  the  use  of  the  city,  before  any  court  hav¬ 
ing  jurisdiction,  and  punishment  inflicted.  And  any  person  upon  whom  any  fine 
or  penalty  is  imposed  shall  stand  committed  until  the  payment  of  the  same  and 
costs ,  and  in  default  thereof  may  be  imprisoned  in  the  county  jail,  city  prison  or 
work-house,  or  required  to  labor  on  the  streets  or  other  public  works  of  the  city, 
for  such  time  and  m  such  manner  as  may  be  provided  by  ordinance. 


ARTICLE  VI. 

OF  ASSESSMENTS  FOR  OPENING  STEETS  AND  ALLEYS. 

Section  1.  The  City  Council  shall  have  power  to  open  and  lay  out  public 
grounds  or  squares,  streets,  alleys  and  highways,  and  to  alter,  widen,  contract, 
straighten  and  discontinue  the  same:  but  no  street,  alley,  or  highway,  or  part 
thereof,  shall  be  discontinued  or  contracted,  without  the  consent,  in  writing,  of  all 
persons  owning  lands  or  lots  adjoining  said  street,  alley  or  highway.  They  shall 
cause  all  alleys,  streets,  streets,  alleys  and  highways  or  public  squares  or  grounds 
laid  out  by  them  to  be  surveyed,  described  and  recorded  in  a  book  to  be  kept  by 
the  Clerk,  showing  accurately  and  particularly  the  proposed  improvements,  and  the 
real  estate  required  to  be  taken;  and  tie  same  when  opened  and  made  shall  b« 
public  highways  and  public  squares. 


ASSESSMENTS  FOR  STREETS  AND  ALLEYS. 


31 


Sec.  2.  Whenever  any  street,  alley  or  highway,  public  ground  or  square,  is 
proposed  to  be  /aid  out,  opened,  altered,  widened  or  stiaightened,  by  virtue  thereof, 
and  the  amount  of  compensation  can  not  be  agreed  upon,  the  City  Council  shall 
give  notice  of  their  intention  to  appropriate  and  take  the  land  necessary  for  the 
same,  to  the  owner  thereof,  by  publishing  said  notice  for  ten  days  in  the  newspaper 
publishing  the  ordinances  of  the  city;  at  the  expiration  of  which  time  they  shall 
choose  by  ballot  three  disinterested  freeholders,  residing  in  the  city,  as  commission¬ 
ers  to  ascertain  and  assess  the  damages  and  recompense  due  the  owners  of  said  real 
estate  respectively ;  and  at  the  same  time  to  determine  what  persons  will  be  ben¬ 
efited  by  such  improvement,  and  assess  the  damages  and  expenses  thereof  on  the 
real  estate  to  be  benefited  thereby,  in  proportion  as  nearly  as  may  be  to  the  benefits 
resulting  to  each.  A  majority  of  all  the  Aldermen  authorized  by  law  to  be  elected 
shall  be  necessaay  to  a  choice  of  such  commissioners. 

Sec.  3.  The  commissioners  shall  be  sworn  faithfully  and  impartially  to  execute 
their  duties  to  the  best  of  their  abilities;  before  entering  upon  their  duties  they 
shall  give  at  least  five  days  notice  to  all  persons  interested,  of  the  time  and  place 
of  their  meeting  for  the  purpose  of  viewing  the  premises  and  making  their  assess¬ 
ments — which  notice  shall  be  given  personally,,  if  the  owners  are  residents,  and 
known,  or  by  publication  in  the  newspaper  publishing  the  ordinances  of  the  city, 
if  nonresidents  or  unknown  ;  they  shall  view  the  premises,  and  in  their  discretion 
receive  any  legal  evidence,  and  may,  if  necessary,  adjourn  from  day  to  day. 

Sec.  4.  If  there  should  be  any  building  standing  in  whole  or  in  part  upon  the 
land  to  be  taken,  the  commissioners,  before  making  their  assessment,  shall  first 
estimate  and  determine  the  whole  value  of  such  buildings  to  the  owner,  aside  from 
the  value  of  the  land,  and  the  actual  injury  to  him  in  having  such  building  taken 
from  him ;  and  secondly,  the  value  of  such  building  to  him  to  remove. 

Sfc.  5.  At  least  five  days  notice  shall  be  given  to  the  owner  of  such  determina¬ 
tion,  when  known  and  a  resident  of  the  city,  which  may  be  given  personally  or  in 
writing  left  at  his  usual  place  of  abode.  If  a  nonresident  or  unknown,  a  like 
notice  to  all  persons  shall  be  given  in  the  newspaper  publishing  the  ordinances  of 
the  city.  Such  notice  shall  specify  the  buildings,  and  the  award  of  the  commis¬ 
sioners,  and  shall  be  signed  by  them.  It  shall  also  require  the  persons  interested 
to  appear  by  a  day  to  be  named  therein,  or  give  notice  of  their  election  to  the  City 
Council,  either  to  accept  the  award  of  the  commissioners,  and  allow  such  building 
to  be  taken,  with  the  land  condemned  or  appropriated,  or  of  their  intention  to 
receive  such  building,  at  the  value  set  thereon  by  the  commissioners,  to  remove. 
If  the  owner  shall  agree  to  remove  such  building,  he  shall  have  such  reasonable 
time  for  that  purpose  as  the  City  Council  may  direct. 

Sec.  6.  If  the  owner  refuses  to  take  the  building  at  its  appraised  value  to 
remove,  or  fails  to  give  notice  of  his  intention  as  aforesaid,  within  the  time  pre¬ 
scribed,  the  City  Council  shall  have  power  to  direct  the  sale  of  such  building  at 
public  auction,  for  cash,  or  on  a  credit,  giving  five  days  public  notice  of  the  sale. 
The  proceeds  of  the  sale  shall  be  paid  to  the  owner,  or  deposited  to  his  use. 

Sf.c.  7.  The  commissioners  shall  thereupon  proceed  to  make  their  assessment, 
and  determine  and  appraise  to  the  owner  the  value  of  the  real  estate  appropriated, 
and  the  injury  arising  from  the  condemnation  thereof,  which  shall  be  awarded  to 
such  owner  as  damages,  after  making  due  allowance  therefrom  for  any  benefit 
which  such  owner  may  derive  from  such  improvement.  In  the  estimate  of  damage 
o  the  land,  the  commissioners  shall  include  the  yalue  pf  the  buildings  (if  the 


€1TY  CHARTER. 


52 

property  of  the  owner  of  the  land)  as  estimated  by  them  as  aforesaid,  ]es3  the 
proceeds  of  the  sale  thereof,  or  if  taken  by  the  owner  at  the  value  to  remove,  ia 
that  case  theyr  shall  only  include  the  difference  between  such  value  and  the  whole 
estimated  value  of  such  building-. 

Sec.  8.  Jf  the  damage  to  any  person  be  greater  than  the  benefits  received,  or 
if  the  benefit  be  greater  than  the  damages,  in  either  case  the  commissioners  shall 
strike  a  balance,  and  carry  the  difference  forward  to  another  column,  so  that  the 
assessment  may  show  what  amount  is  to  be  received  or  paid  by  such  owners 
respectively,  and  the  difference  only  shall  in  any  case  be  collectible  of  or  paid  to 
them. 

Sec.  9.  If  the  lands  and  buildings  belong  to  different  persons,  or  if  the  land  be 
subject  to  lease  or  mortgage,  the  injury  done  to  such  persons  respectively  may  be 
awarded  to  them  by  the  commissioners,  less  the  benefit  resulting  to  them  respect¬ 
ively  from  the  improvements. 

Sec,  10.  Having  ascertained  the  damages  and  expenses  of  such  improvements, 
as  aforesaid,  the  commissioners  shall  thereupon  apportion  and  assess  the  same, 
together  wuth  the  costs  of  the  proceedings,  upon  the  real  estate  deemed  by  them 
benefited,  in  proportion  to  the  benefit  resulting  from  the  improvements  as  nearly  as 
rnay  be,  and  shall  describe  the  real  estate  upon  wThich  their  assessments  may  be 
made.  When  completed,  the  commissioners  shall  sign  and  return  the  same  to  the 
City  Council,  w;ithin  thirty  days  of  their  assessment. 

Sec.  11.  The  Clerk  shall  give  ten  days  notice,  by  publication  in  the  newspaper 
publishing  the  ordinances  of  the  city,  that  such  assessment  has  been  returned,  and 
on  a  day,  to  be  specified  therein,  will  be  confirmed  by  the  City  Council,  unless 
objections  to  the  same  are  made  by  some  person  interested.  Objections  may  he 
heard  before  the  City  Council,  and  the  hearing  may  be  adjourned  from  day  to  day. 
The  Council  shall  have  power,  in  their  discretion,  to  confirm  or  annul  the  assess¬ 
ment,  or  refer  the  same  back  to  the  commissioners.  If  annulled,  all  the  proceed¬ 
ings  shall  be  void  ;  if  confirmed,  an  order  of  confirmation  shall  be  entered  directing 
a  warrant  to  issue  for  the  collection  thereof  ;  if  referred  back  to  the  same  or  other 
commissioners,  they  shall  proceed  to  make  their  assessment,  and  return  the  same  in 
like  manner,  and  give  like  notices  as  herein  required  in  relation  to  the  first ;  and  all 
parties  in  interest  shall  have  the  like  notice  and  rights,  and  the  City  Council  shall 
perform  like  duties,  and  have  like  power,  in  relation  to  any  subsequent  determina¬ 
tion,  as  are  herein  given  in  relation  to  the  first. 

Sec.  12.  The  City  Council  shall  have  powrer  to  remove  commissioners,  and 
from  time  to  time  appoint  others  in  place  of  such  as  may  be  removed,  or  refuse* 
neglect,  or  are  unable,  from  any  caum,  to  serve. 

Sec.  13.  The  land  required  to  be  taken  for  the  making,  opening,  widening, 
straightening  or  altering  any  street,  alley  or  ctlier  highway,  or  public  ground  or 
square,  shall  not  be  appropriated  until  the  damages  therefor,  awarded  to  any  owner 
thereof,  under  this  act,  shall  be  paid  or  tendered  to  such  owm'er  or  his  agent;  or  in 
case  such  owner  or  his  agent  can  not  be  found  within  the  city,  deposited  to  his  or 
their  credit,  in  some  safe  place  of  deposit,  other  than  the  hands  of  the  Treasurer; 
and  then,  and  not  before,  such  lands  may  be  taken  and  appropriated  for  the  pur¬ 
pose  required  m  making  such  improvements  ;  and  such  streets,  alleys  or  other  high¬ 
ways,  or  public  grounds,  may  be  made  and  opened. 

Sec.  14.  When  the  whole  of  lot  or  parcel  of  land,  or  other  premises  under 
lease  or  other  contract,  shall  be  taken  for  any  of  the  purposes  aforesaid,  by  virtu® 


ASSESSMENTS  FOR  STREETS  AND  ALLEYS, 


33 


of  this  act,  all  the  covenants,  contracts  and  engagements  between  landlord  and 
tenant,  or  any  other  contracting  parties,  touching  the  same  or  any  part  thereof, 
shall,  upon  the  confirmation  of  the  report  of  the  commissioners,  respectively 
cease,  and  be  absolutely  discharged. 

Sec.  15.  When  part  only  of  any  lot,  parcel  of  land,  or  other  premises  so  un¬ 
der  lease  or  contract,  shall  be  taken  for  any  of  the  purposes  aforesaid  by  virtue 
of  this  act,  all  the  covenants,  contracts,  arguments  and  agreements  respecting  the 
same  upon  the  confirmation  of  the  report  of  the  commissioners,  shall  be  absolutely 
discharged  as  to  that  part  thereof  so  taken,  but  shall  remain  valid  as  to  the  residue 
thereof  and  the  rent,  consideration  and  payments  reserved  payable  and  to  be  paid 
for.  or  in  respect  to  the  same  shall  be  so  proportioned  as  that  the  part  thereof  justly 
and  equitably  payable  for  such  residue  thereof,  and  no  more,  shall  be  paid  or  re¬ 
covered,  in  any  respect,  of  the  same. 

Sec.  16.  Any  person  interested  may  appeal  from  any  final  order  of  the  City 
Council  for  opening,  altering,  widening  or  straightening  any  street,  alley  or  other 
highway  or  public  ground,  to  the  Circuit  Court  of  Hancock  county,  by  notice  in 
writing  to  the  Mayor,  at  any  time  before  the  expiration  of  twenty  days  after  the 
passage  of  said  final  order.  In  case  of  appeal,  the  City  Council  shall  make  a  re¬ 
turn  within  thirty  days  after  notice  thereof,  and  the  Court  shall,  at  the  next  term  after 
return  filed  in  the  office  of  the  clerk  thereof,  hear  and  determine  such  appeal,  and  con¬ 
firm  or  annul  the  proceedings,  from  which  judgment  no  appeal  or  writ  of  error 
shall  lie.  Upon  the  trial  of  the  appeal,  all  questions  involved  in  said  proceedings, 
including  the  amount  of  damages,  shall  be  open  to  investigation  by  affidavit  or  oral 
testimony  adduced  to  the  Court;  or  upon  application  of  the  City  or  any  party, 
the  amount  of  damages  may  be  assessed  by  a  jury  in  said  Court,  without  formal 
pleadings,  and  judgment  rendered  accordingly,  and  the  ourthen  of  the  proof  shall, 
in  all  cases  be  upon  the  City,  to  show  that  the  proceedings  are  in  conformity  with 
this  act. 

Sec.  17.  In  all  cases  where  there  is  no  agreement  to  the  contrary,  the  owner  or 
landlord,  and  not  the  tenant  or  occupant,  shall  be  deemed  the  person  who  shall  and 
ought  to  pay  and  bear  every  assessment  made  for  the  expense  of  any  public  im¬ 
provement.  When  any  such  assessment  shall  be  made  upon  or  paid  by  any  person 
when  by  agreement  or  by  law,  the  same  ought  to  be  borne  or  paid  by  any  other 
person,  it  shall  be  lawful  for  the  one  so  paying  to  sue  for  and  recover  of  the  persons 
bound  to  pay  the  same,  the  amount  so  paid  with  interest.  Nothing  herein  contained 
shall  in  any  way  impair  or  affect  any  agreement  between  landlord  and  tenant,  or 
other  person  respecting  the  payment  of  such  assessment. 

Sec.  18.  The  City  Council  may  by  ordinance  make  any  changes  they  may  deem 
advisable  in  the  proceedings  herein  prescribed  for  ascertaining  the  damages  and 
injury  occasioned  to  any  person  or  real  estate,  by  reason  of  the  condemnation  of  such 
j-eal  estate,  or  any  real  estate  upon  which  any  buildings  may  be  situated,  in  whole 
or  in  part.,  and  the  assessment  of  such  damages  and  injury  upon  persons  or  real  estate 
benefitted  by  the  improvement,  and  in  all  such  other  .respects  as  experience  may 
suggest. 

Sec.  19.  When  any  known  owner  or  other  person,  having  an  interest  in  any 
real  estate,  residing  in  the  city  or  elsewhere,  shall  be  an  infant,  and  any  proceed¬ 
ings  shall  be  had  under  this  act,  the  Judge  of  the  Circuit  Court  of  Hancock  county  , 
th«  County  Judge  of  said  county,  or  any  Judge  of  the  Supreme  Court  may,  upon 
the  application  of  the  City  Council,  or  such  infant,  or  his  next  friend,  appoint  a 
3 


/ 


34 


CITY  CHARTER. 


guardian  for  such  infant,  taking  security  from  such  guardian  for  the  faithful  exe¬ 
cution  of  such  trust ;  and  all  notices  and  summonses  required  by  this  act,  shall  be 
served  on  such  guardian. 


ARTICLE  VII. 

PUBLIC  IMPROVEMENTS  AND  ASSESSMENTS  THEREFOR. 

'  '  •  ■  I  \ 1  '  ,•  .  / 

Sec.  1.  The  City  Council  shall  have  power  from  time  to  time,  to  cause  any 
slreet,  alley,  avenue  or  other  highway,  to  be  graded,  regraded,  leveled,  paved  or 
planked,  and  keep  the  same  in  repair,  and  alter  and  change  the  same. 

Second.  To  cause  side  and  cross  walks,  main  drains  and  sewers,  and  private 
drains  to  be  constructed  and  laid,  relaid,  cleansed  and  repaired,  and  regulate  the 
same. ! 

Third.  To  grade,  improve,  protect  and  ornament  any  public  square  or  other 
public  ground,  now  or  hereafter  laid  out. 

Fourth.  The  City  Council  shall  have  power  to  grade,  gutter,  macadamise  or 
pave  any  street,  lane  avenue,  alley  or  other  highway,  within  the  limits  of  said  city, 
and  to  charge  not  more  than  one-half  the  expense  thereof  to  the  owners  or  holders 
of  lots  or  real  estate,  in  front  of  which  any  such  grading,  guttering  or  macadam¬ 
izing  may  be  done  by  said  city.  And  whenever  the  City  Council  desire  to  charge 
the  owners  or  holders  of  lots  or  real  estate  fronting  on,  or  adjoining  any  street,  lane, 
avenue,  alley,  or  other  highway,  with  any  part  of  the  expense  of  grading,  guttering, 
paving  and  macadamizing  such  street,  lane,  avenue  alley,  or  other  highway  in  front 
of  or  adjoining  said  property,  they  shall  ascertain  froir  the  report  of  the  street  su¬ 
pervisor  or  otherwise,  the  cost  of  guttering,  grading,  paving  or  macadamizing  any 
such  street,  lane,  avenue,  alley  or  other  highway  in  front  of  or  adjoining  any  such 
lot  or  real  estate,  and  when  the  same  is  ascertained,  they  may  by  order,  resolution 
or  otherwise,  charge  an  amount  not  exceeding  one  half  of  the  cost  of  the  same  to 
the  lot  or  real  estate,  and  the  owner  or  owners  or  holders  of  any  such  lot  or  lots  or 
real  estate, respectively,  and  may  collect  the  amount  so  charged  of  the  owners  or 
boldef  of  the  same,  by  suit  in  the  corporate  name  of  the  City  as  for  money  paid 
and  laid  out  for  his  use,  at  his, request,  jn  any  Court  of  competent  jurisdiction. 
And  the  City  Council  may  by  order,  resolution  or  otherwise,  also  levy  an  annual 
tax  on  any  lot  or  lots  and  real  estate  in  fiont  of  which  any  such  guttering,  paving, 
grading  or  macadamizing  may  he  done  respectively,  not  exceeding  five  per  cent, 
per  annum  on  the  assessed  value  of  such  lot  or  lots  or  real  estate,  until  the  estimated 
amount  of  the  expense  of  such  grading,  guttering,  paving  and  macadamizing  so 
charged  to  any  such  lot  or  lots,  or  real  estate  respectivey  is  all  paid  and  collected, 
or  such  proportion  thereof  as  the  said  City  Council  shall  require  said  lot  or  real 
estate  owners  to  pay,  not  to  exceed  one  half  of  the  cost  of  guttering,  paving,  grad¬ 
ing  and  Macadamising  of  any  such  street,  lane,  avenue  or  alley  in  front  of,  or  ad¬ 
joining  to  the  same. 

Sec.  2.  That  for  the  purpose  of  establishing  a  system  of  sewerage  and  drain¬ 
age,  the  Ciiy  Council  may  have  power  to  cause  the  City  to  be  laid  off  in  districts 
to  be  drained  by  principal  and  lateral  or  tributary  sewers  or  drains,  having  refer¬ 
ence  to  a  general  plan  of  drainage  by  sewers  and  drains  for  the  whole  city,  and 
number  and  record  the  same. 


ASSESSMENTS  FOR  PUBLIC  IMPROVEMENTS. 


35 


Sf.c.  3.  That  whenever  a  majority  in  number  of  the  owners  of  real  estate  with¬ 
in  any  district,  shall  petition  the  City  Council  for  the  construction  of  such  drains 
or  sewers,  in  such  district,  the  City  Council  shall  have  power  to  levy  and  collect  a 
special  tax  on  the  real  estate  within  the  district  so  drained,  not  to  exceed  ten  mills 
to  the  dollar  per  annum,  on  the  assessed  value  thereof,  for  the  purpose  of  construct¬ 
ing  such  sewers  and  drains,  which  tax  shall  be  annually  levied  and  collected  as 
other  city  taxes  by  law,  and  shall  constitute  a  lien  on  the  real  estate  in  the  district 
in  which  it  is  assessed,  and  the  City  Council  shall  have  power  to  provide  for  the 
construction  and  letting  of  such  sewers  and  drains,  or  such  parts  thereof  as  they 
shall  deem  necessary;  and  may,  from  time  to  time,  extend,  enlarge,  or  alter  the 
same,  upon  such  terms  and  conditions  as  they  shall  deem  necessary,  and  the  City 
Council  shall  have  power  to  borrow  money  for  the  construction  of  such  sewers 
and  drains,  payable  in  principal  and  interest  from  the  special  tax  collected  in  such 
districts  ;  or  the  City  Council  may  apportion  the  estimated  cost  of  such  drains  and 
sewers,  and  collect  the  same  by  a  series  of  annual  assessments.  But  no  ordinance 
creating  such  debt,  special  tax  or  apportionment  shall  be  repealed  or  altered  until 
the  debt  created  thereby  shall  have  been  paid. 

Sf.c.  4.  In  all  cases  where  expenses  may  be  incurred  in  the  removal  of  any 
nuisance,  the  City  Council  may  cause  the  same  to  be  assessed  against  the  real  es¬ 
tate  chargeable  therewith,  in  the  same  manner  prescribed  in  the  next  section. 
Such  expenses  may  be  likewise  collected  of  the  owner  or  occupant  of  such  prem¬ 
ises  in  a  suit  for  money  expended  to  his  or  their  use,  and  in  case  the  same  should 
not  be  chargeable  to  any  real  estate,  suit  may  in  like  manner  be  brought  for  such 
expenses,  against  the  author  of  such  nuisance,  if  known,  or  any  person  whose  duty 
it  may  be  to  remove  or  abate  the  same. 

Sec.  5.  The  City  Council  shall  have  power  to  compel  the  owners  of  lots  or 
ground,  fronting  or  adjoining  any  private  or  public  alley,  to  keep  the  same  clean, 
and  if  necessary  to  direct  the  same  to  be  paved,  planked  or  otherwise,  and  the 
costs  thereof  to  be  assessed  and  collected  in  the  same  manner  as  sidewalk  assess¬ 
ments.  1  -  .  . 

Sec.  6.  All  owners  or  occupants  of  lots  or  lands  in  front  of,  or  adjoining,  or 
upon  whose  premises  the  City  Council  shall  order  and  direct  sidewalks  or  private 
drains  communicating  with  any  main  drain  to  be  constructed,  graded,  repaired,  re- 
laid  or  cleansed,  or  shall  declare  any  such  land  or  lots  to  be  nuisances,  and  order 
the  same  to  be  graded,  filled  up  and  drained,  or  otherwise  improved,  shall,  make, 
grade,  repair  or  relay  such  sidewalk,  or  make,  repair  or  cleanse  such  private 
drain,  or  grade,  fill  up,  drain  or  otherwise  improve  such  lot  or  land,  at  their  own 
cost  and  charges  within  the  time  and  m  the  manner  prescribed  by  the  City  Council, 
by  order,  resolution  or  otherwise  ;  and  if  not  done  within  the  time  and  in  the  manner 
prescribed,  the  City  Council  may  cause  the  same  to  be  constructed,  repaired,  relaid, 
cleansed,  filled  up,  graded,  drained  or  otherwise  improved,  and  assess  the  expenses 
thereof,  by  an  order  to  be  entered  in  their  proceedings,  upon  the  lots  and  lands 
respectively,  and  collect  the  same  as  other  taxes  on  real  estate  are  collected  in 
other  cases.  A  suit  may  also  be  maintained  against  the  owner  or  occupant  of  such 
premises,  for  the  recovery  of  such  expenses,  as  for  money  paid  and  laid  out  to  his 
use  at  his  request.  Provided ,  however,  that  the  City  Clerk  shall  give  notice  of  the 
time  within,  and  the  manner  in  which  any  such  duty  labor  is  required  to  be  done 
or  performed,  by  ordinance,  order  or  resolution  of  the  City  Council,  by  publishing 
an  advertisement  in  some  newspaper  printed  in  said  City,  and  a  copy  of  said  ad- 


CITY  CHARTER. 


36 

vertisement,  with  a  certificate  of  the  publisher  thereto  attached  shall  be  received 
as  evidence  in  all  courts  of  this  State,  of  the  fact  of  such  notice  being  given. 

Sec.  7.  All  taxes  and  assessments  levied  or  assessed  on  any  real  estate  under 
the  provisions  of  this  article,  shall  be  extended  and  set  down  by  the  city  Clerk  in 
a  separate  column  on  the  assessment  list  for  the  current  year,  opposite  to  such  real 
estate,  and  shall  be  collected  in  all  respects  as  other  taxes  in  said  assessment  list, 
and  in  case  any  of  said  real  estate  is  sold  for  taxes,  the  deeds  to  the  purchaser  of 
the  same  shall  be  made  and  acknowledged  by  the  City  Clerk,  as  in  other  cases  of 
sales  for  taxes,  and  shall  be  evidence  of  the  same  facts  as  deeds  made  to  purchas¬ 
ers  of  property  for  other  taxes  under  the  next  article  of  this  act,  and  shall  have  the 
same  force  in  all  respects.  Provided,  however ,  that  if  any  taxes  or  assessments 
authorized  to  be  levied  or  made  by  the  provisions  of  this  article,  are  not  levied  and 
made  by  the  City  Council,  by  the  tenth  day  of  August  in  each  current  year,  then, 
and  in  that  case,  the  Clerk  shall  extend  the  same  on  the  assessment  list  for  the  next 
current  year. 

Sec.  8.  All  taxes  and  assessments  levied  under  and  by  virtue  of  the  provisions 
of  this  article  shall  be  a  lien  upon  the  land  or  real  estate  upon  which  the  same  are 

levied,  from  and  after  the  time  the  same  are  levied,  until  the  same  are  collected 
and  paid. 


ARTICLE  VIII. 

COLLECTION  OF  TAXES  AND  ASSESSMENTS. 

Section  1.  The  City  Council  shall  have  power  to  levy  and  collect  annually, 
taxes  not  exceeding  five  mills  to  the  dollar  on  the  assessed  value  of  all  real  and 
personal  estate  and  property  within  the  city  of  Warsaw,  and  all  personal  property 
of  the  inhabitants  thereof,  made  taxable  by  the  laws  of  the  state  for  state  purposes, 
to  defray  the  general  and  contingent  expenses  not  herein  otherwise  provided  for, 
and  to  pay  the  same  annual  interest  on  internal  improvement  bonds,  heretofore  is¬ 
sued,  and  which  may  be  hereafter  issued,  under  the  provisions  of  this  act,  which 
taxes  shall  constitute  the  general  fund. 

Sec.  2.  To  annually  levy  and  collect  taxes  on  all  property,  both  real  and  per¬ 
sonal,  within  the  limits  of  said  city,  subject  to  taxation,  and  all  personal  property 
of  the  inhabitants  thereof,  to  pay  the  principal  and  interest  which  has  accrued  or 
which  may  hereafter  accrue  upon  any  bonds  which  may  have  been  issued  or  which 
may  hereafter  be  issued,  by  the  said  city  as  subscription  to  the  capital  stock  of  any 
railroad  company,  which  tax  shall  be  deemed  a  special  tax,  and  payable  in  gold 
and  silver  only,  and  the  City  Council  shall  pass  no  ordinance  or  resolution  incurr¬ 
ing  or  creating  a  debt,  without  at  the  same  time  making  provisions  for  the  levying 
a  tax  sufficient  to  meet  the  payment  of  the  interest  accruing  thereon  when  payable. 

Sec.  3.  The  City  Council  in  levying  the  tax  for  the  general  fund  of  said  city, 
as  provided  in  section  first  in  this  article,  shall  annually  set  apart  a  sufficient  por¬ 
tion  thereof  to  pay  the  interest  which  has  accrued  or  may  accrue,  on  any  internal 
improvement  bonds  which  have  heretofore  or  may  hereafter  be  issued  by  said  city, 
and  which  portion  of  the  general  revenue,  when  so  set  apart,  shall  be  deemed  a 
special  tax  and  payable  in  gold  and  silver  only,  and  shall  be  carried  out  in  a  sepa¬ 
rate  column  in  the  list  of  the  Collector,  and  by  him  collected  for  that  purpose,  and 


COLLECTION  OF  TAXES. 


37 


shall  not  be  subject  to  or  by  said  City  Council  appropriated  for  any  other  purpose 
whatever,  nor  shall  any  other  special  lax,  authorized  to  be  levied  by  the  provis¬ 
ions  of  this  act,  be  subject  to  be  used  or  appropriated  by  said  City  Council,  or  any 
of  the  officers  thereof  for  any  other  purpose  than  the  particular  one  for  which  the 
same  was  levied  and  collected,  and  any  contract  made  with  any  person  or  persons, 
or  body  politic,  in  respect  to  any  of  the  moneys  arising  from  any  special  tax,  au¬ 
thorized  under  this  act,  or  any  payments  made  for  any  indebtedness  whatever,  ex¬ 
cept  for  the  purpose  for  which  the  same  was  so  raised,  shall  be  absolutely  void  ; 
and  the  moneys  so  paid,  used  or  loaned  may  be  recovered  back  by  suit  in  any  court 
of  competent  jurisdiction,  from  the  person  or  persons  or  body  politic  receiving  the 
same  by  the  holders  of  the  interest  coupons,  whenever  the  same  shall  become  due, 
or  by  any  person  or  persons  who  would  have  been  entitled  to  the  same,  or  any  part 
thereof  if  appropriated  to  the  objects  herein  expressed,  in  such  sum  or  sums  as  he 
or  they  may  at  the  time  be  respectively  entitled  to  receive  out  of  said  special  tax  or 
taxes. 

Sec.  4.  The  City  Council  shall  have  the  power  to  levy  and  collect  annually, 
not  exceeding  two  and  one-half  mills  on  each  dollar  of  the  assessed  value  of  all 
real  and  personal  property  within  the  limits  of  said  city  subject  to  taxation,  and  on 
all  personal  property  of  the  inhabitants  thereof,  to  pay  the  principal  and  interest 
due  or  hereafter  to  become  due,  on  all  the  bonds  heretofore  issued  for  the  purpose 
of  constructing  a  school  house  in  said  city,  known  as  “School  House  Bonds,” 
issued  by  virtue  of  an  act  entitled  an  act  to  amend  an  act  to  incorporate  the  City 
of  Warsaw,  approved  February  7th,  a.  d.,  1857,  which  said  bonds  are  hereby  de¬ 
clared  legal  and  binding  on  said  city  until  the  same  are  all  paid  or  otherwise  dis¬ 
charged  by  the  holders  thereof,  which  said  tax  shall  be  deemed  a  special  tax,  and 
payable  in  gold  and  silver  only. 

Sec.  5.  The  City  Council  of  said  city  shall  have  power  annually  to  elect  an 
assessor  or  assessors,  and  fix  their  compensation,  and  in  case  of  death  to  elect 
another  or  others,  and  in  case  of  their  neglect  or  inability  to  perform  his  or  their 
duties,  to  remove  the  same,  and  to  elect  another  or  others.  And  the  Assessor  or 
Assessors  elected  to  fill  the  place  of  any  Assessor  or  Assessors  so  removed,  deceas¬ 
ed  or  resigned,  shall  have  the  same  power  and  perform  the  duties  as  required  by 
the  original  Assessor  or  Assessors. 

Sec.  6.  The  City  Council  shall  have  power  annually  to  elect  a  Collector  or 
Collectors,  and  in  case  of  death,  to  elect  another  or  others,  and  in  case  of  neglect, 
resignation  or  inability  to  perform  his  or  their  duties,  to  remove  the  same,  and 
elect  another  or  others,  and  the  Collector  or  Collectors  elected  to  fill  any  vacancy, 
shall  have  the  same  powrnr  and  perform  the  same  duties  required  of  the  Collector, 
whose  office  was  so  made  vacant. 

Sec.  7.  The  City  Council  shall  have  power  to  exempt  ary  species  of  property 
from  taxation  under  this  act,  which  is  exempt  from  state  tax  under  the  lawrs  of  this 
state. 

Sec.  8.  The  words  “  personal  property  ”  as  used  in  this  act,  shall  be  held  to 
mean  all  moneys,  credits,  investments  in  bonds,  stocks,  joint-stock  companies,  choses 
in  action,  and  all  other  property  other  than  real  property,  whether  animate  or 
inanimate,  subject  to  ownership;  and  the  words  personal  estate  shall  have  the  same 
meaning,  when  used  in  this  act,  as  the  wrords  personal  property. 

Sec.  9.  The  term  “oath”  whenever  used  in  this  act,  shall  be  held  to  mean  oath 
or  affirmation.  Every  word  used  in  this  act  importing  the  masculine  gender,  may 


38 


CITY  CHARTER. 


extend  and  be  applied  to  females  as  well  as  males.  Every  Word  in  this  act  import¬ 
ing  the  singular  number,  may  extend  and  be  applied  to  the  plural  as  well  as  the 
singular  number.  Whenever  the  words  tracts,  lots  and  blocks  are  mentioned  in 
this  act,  it  shall  be  held  to  apply  as  well  to  parts  of  tracts,  parts  of  lots  and  parts 
of  blocks,  as  to  whole  tracts,  lots  and  blocks. 

Sec.  10.  The  words  real  property,  whenever  used  in  this  act,  shall  be  held  to 
mean  real  estate. 

Sec.  11.  The  Assessor  shall  in  each  year  make  an  assessment  of  the  taxable 
property,  according  to  his  best  judgment,  of  the  value  thereof,  and  shall  make  out 
a  list  of  the  same,  showing  the  names  of  the  owners,  when  they  «an  be  ascertained, 
a  description  of  the  property,  whether  real  or  personal,  assessed  to  each,  and  the 
amount  of  his  valuation  of  the  same. 

Sec.  12.  The  description  shall  be  in  numerical  order,  in  case  of  real  estate,  so 
far  as  practicable :  and  in  case  the  present  owner  of  any  real  estate  cannot  be 
ascertained,  the  same  shall  be  assessed  in  such  numerical  order  as  “unknown.” 
But  in  case  the  present  owner  of  any  real  estate  is  ascertained  by  listing  or  other¬ 
wise,  and  whenever  any  owner  of  real  estate  shall  neglect  or  refuse  to  list  the  same, 
it  shall  be  the  duty  of  the  Assessor  to  perform  such  listing  in  his  or  their  names, 
then  such  real  estate  shall  be  assessed  to  the  owner  or  owners  thereof  respectively. 
The  Assessor  shall  subdivide  lots  by  correct  descriptions  when  the  same  are  owned 
in  parts  by  different  individuals,  and  when  he  can  ascertain  such  ownership  and  de¬ 
scription  with  reasonable  certainty,  and  shall  assess  to  each,  his  part  only. 

*  Persons  residing  in  the  City  shall  deliver  to  the  Assessor  a  list  of  their  property, 
both  real  and  personal,  on  or  before  the  first  day  of  July  in  each  year.  The  Asses¬ 
sor  shall  also,  in  cases  where  such  list  is  not  furnished  or  is  not  satisfactory,  call 
upon  each  tax-payer  when  practicable,  and  request  a  list  of  his  or  her  property 
subject  to  taxation  by  the  city,  and  assess  the  same. 

Sec.  13.  The  Assessor  shall  have  power  to  examine  any  person  under  oath, 
touching  the  amount  and  value  of  the  real  and  personal  property  which  the  person 
is  required  to  list,  and  if  any  person  shall  swear  falsely,  he  or  she  shall  be  deemed 
guilty  of  perjury,  and  liable  for  the  same  under  the  criminal  law  of  the  state,  as  in 
other  cases  of  perjury,  and  in  case  of  the  refusal  of  any  person  to  swear  or  affirm, 
the  Assessor  shall  be  governed  in  his  assessment  by  the  best  information  he  can  ob¬ 
tain,  and  his  own  judgment. 

Sec.  14.  The  Assessor  or  Assessors,  before  entering  upon  the  duties  of  his 
office,  shall  take  and  subscribe  before  some  Justice  of  the  peace,  or  Police  Mag¬ 
istrate,  an  oath  or  affirmation  as  near  as  may  be  in  the  following  form:  “  I,  - - 

- ,  do  solemnly  swear,  (or  affirm  as  the  case  may  be,)  that  I  will  faithfully, 

diligently  and  impartially  perform  all  the  duties  required  of  me  by  law  as  Assessor 
of  the  City  of  Warsaw,  and  especially  that  I  will  value  and  assess  for  taxation,  to 
the  several  owners  thereof,  as  far  as  the  same  can  be  ascertained,  all  property, 

real  and  personal  which  is  subject  to  taxation  in  said - according  to  my 

best  judgment,  at  its  true  value,  in  accordance  with  the  provisions  of  the  Constitu¬ 
tion  of  the  State  of  Illinois.” 

Sec.  15.  The  Assessor  shall  make  the  assessment  hereinbefore  provided  for,  be¬ 
tween  the  first  day  of  May  and  the  first  day  of  August  in  each  year,  and  shall  on 
or  before  the  last  named  day,  return  a  complete  assessment  list  into  the  office  of 
the  City  Clerk,  there  to  remain  for  public  inspection  for  the  period  of  fourteen 
days,  during  which  time  all  persons  feeling  agriev«d  may  file  with  the  City  Clerk 


COLLECTION  OF  TAXES. 


39 


their  complaint  in  writing,  briefly  setting  forth  wherein  they  deem  themselves 
agrieved  by  said  assessment,  and  describing  the  property  of  the  assessment  of  which 
they  complain. 

Sec.  10.  The  Assessor  shall  upon  said  return  being  made,  give  notice  in  some 
public  newspaper  printed  in  the  City  of  Warsaw,  that  the  assessment  for  that  year 
is  completed  and  deposited  in  the  City  Clerk’s  office,  and  will  there  remain  for  the 
period  of  fourteen  days  for  public  inspection,  and  reques*  all  persons  feeling  agriev- 
ed,  to  file  their  complaint  aforesaid  before  the  expiration  of  said  period,  with  the 
City  Clerk :  Provided,  however,  that  the  City  Council  may  extend  the  time  for 
making  the  return,  and  in  case  the  time  is  extended,  such  notice  shall  be  given,  and 
complaints  filed  after  said  return  is  made  for  the  same  length  of  time,  and  in  the 
same  manner  as  if  said  return  had  been  made  on  the  first  day  of  August. 

Sec.  17.  Sc  soon  as  practicable  after  the  expiration  of  the  period  mentioned 
for  inspection  of  said  assessment  and  filing  complaints  against  the  same,  the  City- 
Council  shall  meet,  and  the  City  Clerk  shall  lay  before  the  Council  said  assessment 
list,  together  with  all  complaints  aforesaid,  touching  the  same.  And  the  Council, 
together  with  the  Assessor,  if  practicable,  carefully  examine  all  complaints  filed, 
and  shall  make  such  alterations  and  amendments  in  said  assessment  list  as  shall  be 
deemed  just  and  equitable.  They  shall  also  cause  any  additions  to  be  made  to  said 
list,  of  property  found  to  be  omitted  or  which  may  not  have  come  to  the  knowledge 
of  the  Assessor,  and  if  in  any  event  any  real  estate  shall  be  omitted  for  any  year 
or  years,  the  same,  when  ascertained,  shall  be  equitably  assessed,  and  the  back 
taxes  thereon  collected  with  the  taxes  of  any  current  year.  The  City  Council 
shall  cause  all  errors  in  said  list  to  be  corrected  so  far  as  practicable,  and  the  total 
amount  of  taxeble  property  to  be  ascertained  as  near  as  can  be,  and  the  same  to  be 
set  down  at  the  end  of  said  list.  The  said  assessment  list  wrhen  examined  and  cor¬ 
rected  as  aforesaid,  shall  be  certified  to  by  the  Assessor,  as  near  as  may  he  in  the 
following  form  :  (<  I  do  certify  that  the  foregoing  assessment  list  for  the  City  of 

Warsaw,  for  the  year - ,  contains  a  true  assessment  cf  all  the  taxable  property 

within  said  City,  for  the  said  year. - — —  City  Assessor.”  And  shall 

file  said  assessment  list  with  the  City  Clerk,  and  shall  take  from  said  Clerk  a  re¬ 
ceipt  for  the  same,  showing  the  total  amount  of  taxable  property-,  which  receipt 
he  shall  file  with  the  City  Treasurer. 

Sec.  18.  The  City  Council  shall,  as  soon  as  practicable  after  the  said  list  is 
corrected  and  the  amount  of  taxable  property  ascertained,  proceed  to  levy  such  a 
sGm  or  sums  of  money  as  may  be  sufficient  for  the  several  purposes  for  which 
taxes  aie  authorized  to  be  levied,  not  exceeding  the  authorized  per  centage,  particu¬ 
larly,  specifying  the  purposes  for  which  the  same  are  levied,  which  levy  shall  be 
recorded  in  the  records  of  the.  city,  and  shall  be  and  form  a  cart  thereof. 

Sec.  19.  All  taxes  and  assessments,  gener  al  and  special,  levied  or  assessed  by 
the  City  Council  under  this  act,  shall  be  a  lien  upon  the  real  estate  upon  which  the 
same  may’  be  levied,  imposed  or  assessed,  for  two  years  from  ami  after  such  levy, 
and  on  personal  property  from  and  after  the  delivery  of  the  assessment  list  or  roll 
to  the  collector  for  collection  thereof  until  paid,  and  no  sale  or  transfer  shall  affect 
tne  lien;  any  personal  property  belonging  to  the  debtor  may  be  taken  and  sold  for 
the  payment  of  taxes  due  from  said  debtor  on  real  or  personal  estate,  and  the  real 
estate  shall  be  liable  for  the  taxes  on  personal  property,  in  case  of  removal  or  when 
the  tax  can  not  be  made  out  of  the  personal  property,  in  the  same  manner  as  is 
prescribed  by  the  laws  of  the  State:  Provided,  that  in  case  the  collection  of  any 


40 


CITY  CHARTER. 


assessment  shall  be  delayed  by  injunction  or  other  special. proceedings,  the  same 
shall  continue  a  lien,  unless  set  aside,  upon  the  real  estate,  for  the  period  of  two 
years  from  and  after  the  final  disposition  of  such  injunction  or  other  judicial  pro¬ 
ceeding. 

Sec.  20.  The  City  Clerk  shall,  within  thirty  days  after  the  levy  of  the  tax  by 
the  City  Council,  make  out  a  fair  copy  of  said  assessment  list,  and  rule  therein 
separate  columns,  in  which  the  tax  levied  shall  be  respectively  set  down  opposite 
the  name  of  the  person  or  such  real  estate  subject  thereto,  and  shall  attach  to  said 
assessment  list  a  warrant,  signed  by  the  Mayor  or  Acting  Mayor  and  Clerk,  with  a 
corporate  seal  thereto  attached,  authorizing  the  Collector  to  collect  the  sums  of 
money  as  levied  in  said  assessment  roll  or  list,  and  pay  the  same  over  to  the  City 
Treasurer  and  take  his  receipt  for  the  same,  and  shall  deliver  the  same  to  the  Col¬ 
lector,  and  take  the  Collector’s  receipt  for  said  assessment  list,  showing  the  total 
amount  of  taxable  property,  and  the  total  amount  of  taxes  therein,  which  receipt 
he  shall  file  in  his  office. 

Sec.  21.  The  Collector,  before  receiving  said  assessment  list,  shall  give  bond 
with  security  to  the  satisfaction  of  the  City  Council  to  the  city  of  Warsaw,  in  a 
penalty  of  double  the  amount  of  the  whole  taxes  in  said  list,  and  conditioned  for 
the  faithful  discharge  of  his  duties  in  the  collection  of  the  city  taxes,  and  for  the 
payment  thereof  by  him  to  be  collected  into  the  city  treasury,  which  bond  shall  be 
filed  with  the  City  Clerk. 

Sec.  22.  The  Collector  shall,  upon  the  receipt  of  said  assessment  list,  forthwith 
proceed  to  the  collection  of  the  taxes  therein  specified,  and  for  that  purpose  shall 
call  at  least  once  on  the  person  taxed,  or  at  his  usual  place  of  residence  or  business, 
if  in  the  city,  and  shall  demand  payment  of  the  taxes  charged  to  him  on  his  prop¬ 
erty,  and  the  oath  of  the  Collector  shall  be  allowed  in  all  cases  to  prove  such 
demand:  Provided ,  however,  that  the  Collector  may  give  notice  of  the  time  and 
place  when  and  where  he  wrill  attend  with  the  tax  list  and  receive  taxes,  which 
notice  shall  be  published  in  some  newspaper  in  said  city,  and  shall  be  published 
twice;  and  such  notice  shall  be  deemed  a  demand,  and  a  neglect  to  pay  taxes  for 
twenty  days  thereafter  shall  be  deemed  a  refusal. 

Sec.  23.  In  case  any  person  shall  refuse  or  neglect  to  pay  the  tax  imposed  on 
him,  the  Collector  shall  levy  the  same  by  distress  and  sale  of  the  goods  and  chat¬ 
tels  of  the  person  who  ought  to  pay  the  same:  Provided ,  however ,  that  the  Collector 
shall  have  power  to  collect  said  taxes,  with  interest  and  costs,  by  suit  in  the  cor¬ 
porate  name  of  the  city,  and  in  any  court  of  competent-  jurisdiction,  and  no  set-off 
shall  be  allowed  in  any  such  suit. 

Sec.  24.  The  Collector  may,  after  demand  and  refusal  as  aforesaid,  and  before, 
in  case  of  probable  loss  to  the  city  revenue  of  tax  due  the  city,  or  any  property, 
real  or  personal,  on  said  tax  list,  seize  any  personal  property  of  the  owner  or  any 
person  having  listed  or  consented  to  the  listing  in  his  name,  or  any  property  which 
has  been  duly  listed  bjr  the  Assessor,  as  hereinbefore  provided,  of  such  property  of 
sufficient  value  to  satisfy  the  taxes  and  cost  due  thereon,  and  may  from  time  to 
time  make  such  further  seizure  as  may  be  necessary  for  that  purpose.  He  shall 
cause  any  property  so  seized  to  be  advertised  for  sale  ten  days,  by  posting  a  notice 
thereof  in  front  of  the  City  Clerk’s  office,  in  the  city,  containing  a  description  of 
the  property,  and  stating  the  time  and  place  of  sale  thereof,  or  by  publishing  a 
similar  notice  once  in  some  newspaper  published  in  said  city,  which  notice  shall  be 
published  at  least  ten  days  before  the  day  of  sale,  and  on  the  day  of  sale  shall  sel! 


COLLECTION  OF  TAXES. 


41 


the  same  at  public  vendue,  at  the  place  named  in  said  notice,  to  the  highest  bidder,, 
and  apply  the  proceeds  to  the  satisfaction  of  the  taxes  and  costs  for  which  the 
same  was  seized,  after  deducting  five  per  centum  for  making  such  seizure  and  sale, 
and  shall  pay  the  overplus,  if  any,  to  the  owner  thereof  on  demand.  The  said  tax 
list  shall  be  a  sufficient  warrant  for  the  Collector  to  make  such  seizure  and  sale ; 
and  in  all  cases  arising  under  this  act,  the  said  assessment  list  shall  be  evidence  on 
the  part  of  the  city. 

Sec.  25.  Any  person  may  pay  taxes  on  such  portion  of  any  real  estate  as  he 
may  have  claim  to,  provided  he  will  furnish  the  Collector  with  a  plain  and  certain 
description  thereof.  Upon  the  payment  of  any  tax  to  the  Collector,  he  shall  make 
an  entry  in  his  tax  list  of  the  name  of  the  person  paying,  and  if  the  payment  is 
made  on  property,  by  different  descriptions  or  in  different  parts  or  parcels  from  the 
description  thereof  made  by  the  Assessor,  and  shown  by  said  tax  list,  he  shall  enter 
a  particular  description  thereof,  and  of  the  amount  paid,  and  shall  deliver  to  the 
person  paying  a  receipt  stating  the  time  of  payment,  by  whom  payment  is  made, 
a  correct  and  a  plain  description  of  the  property  paid  on,  the  total  amount  paid, 
and  the  year  or  years  for  which  the  taxes  are  paid. 

Sec.  26.  Alter  having  made  due  effort  to  collect  the  taxes  due  on  said  tax  list, 
and  on  or  before  the  first  day  of  January  in  each  year,  the  Collector  shall  return 
said  tax  list  into  the  office  of  the  City  Clerk,  there  to  be  filed  and  remain,  and  shall 
also  at  the  same  time  make  out  and  return  to  the  City  Clerk  a  delinquent  list,  truly 
taken  from  said  tax  list  of  the  taxes  remaining  unpaid  thereon,  and  for  which  he 
can  find  no  personal  property  to  satisfy  the  same  and  costs.  The  Collector  shall 
append  to  said  delinquent  list  an  affidavit  as  near  as  may  be  in  the  following  form  : 
I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  the  foregoing  delinquent 
list  contains  a  true  copy  from  the  tax  list  of  the  city  of  Warsaw,  for  the  year  1£  , 

of  the  taxes  remaining  unpaid  on  said  list,  and  for  which  I  can  find  no  personal  prop¬ 
erty  to  satisfy  the  same. - Collector.  Which  oath  or  affirma¬ 

tion  may  be  administered  by  any  person  qualified  to  administer  oaths  under  the 
Jaws  of  this  State :  Provided ,  however ,  that  the  City  Council  may  extend  the  time 
for  the  Collector  to  return  for  fifteen  days. 

Sec.  27.  Upon  the  return  aforesaid  of  said  original  and  delinquent  tax  list,  the 
City  Council  shall,  so  soon  as  practicable,  examine  the  same,  and  shall  allow  and 
credit  the  Collector  with  all  delinquent  taxes  in  said  delinquent  ]jst  contained, 
which  they  shall  be  satisfied  could  not  have  been  collected  by  due  diligence,  and 
shall  make  final  settlement  with  the  Collector  of  the  revenue  aforesaid  collected  by 
him.  Upon  the  examination  and  settlement  aforesaid,  the  City  Clerk  shall  receive 
and  file  the  said  delinquent  tax  list,  and  shall  execute  to  the  Collector  his  receipt 
therefor,  showing  the  total  amount  of  taxes  remaining  unpaid  on  said  delinquent 
list,  which  receipt  the  Collector  shall  file  with  the  City  Treasurer,  and  the  City 
Clerk  shall  from  thenceforth  stand  charged  with  the  collection  of  said  delinquent 
taxes. 

Sec.  28.  The  City  Council  may  from  time  to  time  by  order  direct  the  Collector 
to  pay  into  the  city  treasury  all  taxes  collected  by  him,  or  to  make  settlement 
therefor  with  the  City  Council,  and  in  case  of  default  of  the  Collector  in  any  mat¬ 
ter  «naterial  to  the  security  or  collection  of  the  city  revenue  under  this  act,  the 
City  Council  shall  cause  the  Collector’s  bond  as  aforesaid  to  be  put  in  suit  for  such 
default. 

Sec.  29.  The  City  Clerk  shall  give  bond,  with  security  to  the  satisfaction  of 


42 


CITY  CHARTER. 


the  City  Council,  to  the  city  of  Warsaw,  in  a  penalty  of  double  the  amount  of 
taxes  remaining  unpaid  on  the  said  delinquent  tax  list,  and  conditioned  for  the 
faithful  discharge  of  his  duties  as  collector  of  the  delinquent  tax  list,  and  for  the 
payment  of  the  moneys  collected  thereon  into  the  city  treasury,  which  bond  shall 
be  filed  with  the  City  Treasurer,  and  the  City  Clerk  shall  thereupon  be  authorized 
to  receive  the  taxes  unpaid  on  said  delinquent  tax  list,  and  shall  have  the  same 
power  to  collect  the  same  by  distress  or  otherwise  in  all  respects  that  the  Collector 
had. 

Sec.  30.  The  City  Clerk  shall,  as  soon  as  practicable  after  receiving  said  list, 
publish  an  advertisement  in  some  newspaper  printed  in  the  city  of  Warsaw,  which 
advertisement  shall  be  published  once,  and  shall  be  published  at  least  twenty  days 
previous  to  the  term  of  the  county  court  of  Hancock  county,  at  which  judgment 
may  be  prayed,  and  said  advertisement  shall  contain  a  list  of  the  delinquent  tracts*  lots 
and  blocks  within  said  city  upon  which  the  taxes  remain  due  and  unpaid,  the  names 
of  the  owners  if  known,  and  the  amount  of  taxes  and  costs  due  thereon,  and  the  year 
or  years  for  which  the  same  are  due,  and  notice  that  he  will  apply  to  the  county 
court  of  said  Hancock  county,  at  the  next  term  thereof,  for  judgment  against  said 
tracts,  lots  and  blocks  for  said  taxes  and  costs,  and  for  an  order  to  sell  said  tracts, 
lots  and  blocks,  for  the  satisfaction  thereof;  and  shall  also  give  notice  that  on  the 
third  Monday  next  succeeding  the  day  fixed  by  law  for  the  commencement  of  the 
term  of  said  court  at  which  judgment  may  be  rendered,  all  the  tracts,  lots  and 
blocks,  for  the  sale  of  which  an  order  shall  be  made,  will  be  exposed  to  public  sale 
at  the  office  of  the  City  Clerk,  in  the  city  of  Warsaw,  for  the  amount  of  said  taxes 
and  costs  due  thereon  ;  and  the  advertisement  published  according  to  the  provisions 
of  this  section,  duly  certified  to  by  the  publisher  of  the  paper  in  which  the  same 
shall  appear,  shall  be  deemed  and  taken  to  be  sufficient  legal  notice,  both  of  in¬ 
tended  application  of  the  Clerk,  as  aforesaid,  to  the  county  court  for  judgment, 
and  also  of  the  sale  of  said  lots,  tracts  and  blocks',  under  the  order  of  said  court. 

Sec.  31.  And  if  for  anv  cause  the  county  court  of  said  Hancock  county  shall 
not  be  holden  at  the  term  at  which  judgment  is  prayed,  the  cause  shall  stand  con¬ 
tinued,  or  the  County  Judge  may  in  his  discretion  continue  the  cause  until  the  ntxt 
regular  term  thereafter,  and  at  the  term  to  which  said  cause  is  continued  the  court 
shall  hear  and  determine  the  matter:  Provided,  however,  that  incase  of  the  death 
of  the  County  Judge,  or  for  any  other  cause  the  county  court  of  said  Hancock 
county  is  not  held  at  any  term  to  which  application  shall  be  made  for  judgment,  or 
any  term  to  which  said  cause  shall  be  continued,  then  and  in  that  case  said  cause 
shall  stand  continued  until  the  first  regular  term  of  said  court  shall  be  holden. 

Sec.  32.  On  the  first  day  of  the  term  of  the  county  court  at  which  judgment 
on  delinquent  tracts,  lots  and  blocks  is  prayed,  it  shall  be  the  duty  of  the  City 
Clerk  to  report  to  the  County  Clerk  a  list  of  all  the  tracts,  lots  and  blocks  within 
the  city  of  Warsaw,  on  which  the  taxes  remain  due  and  unpaid,  to  which  list  the 

City  Clerk  shall  append  an  affidavit,  in  the  following  form:  I - , 

Clerk  of  the  city  of  Warsaw,  county  of  Hancock,  and  State  of  Illinois,  do  sol¬ 
emnly  swTear  (or  affirm,  as  the  case  may  be)  that  the  foregoing  is  a  true  and  correct 
record  of  the  delinquent  tracts,  lots  and  blocks  within  the  city  of  Warsaw  afore¬ 
said,  for  the  year  or  years  therein  set  forth,  on  which  the  taxes  have  not  been  col¬ 
lected  ;  that  said  taxes  now  remain  due  and  unpaid,  and  that  due  notice  of  applica¬ 
tion  for  judgment  and  of  sale  has  been  given  as  required  by  law.  Said  affidavit 
shall  be  entered  on  the  record  at  the  bottom  of  said  list,  and  signed  by  the  City 


COLLECTION  OF  TAXES. 


4S 


Clerk.  The  oath  may  be  administered  by  any  justice  of  the  peace,  or  the  Clerk  of 
the  county  court. 

Sec.  33.  The  court  shall  examine  said  list,  and  if  defence  or  objection  be 
offered  by  any  person  interested  in  any  of  said  tracts  of  land,  lots  and  blocks,  to 
the  entry  of  judgment  against  the  same,  the  court  shall  hear  and  determine  the 
same  in  a  summary  manner,  without  pleadings,  and  shall  pronounce  judgment  as 
the  rights  of  the  case  may  be;  and  in  case  judgment  is  rendered  in  favor  of  the 
city  of  Warsaw,  thereon,  shall  direct  the  Clerk  to  make  out  and  enter  an  order  for 
the  sale  of  said  lands,  which  o*der  shall  be  substantially  in  the  following  form : 
Whereas,  due  notice  has  been  given  of  the  intended  application  for  a  judgment 
against  said  lands,  and  no  owner  hath  shown  good  cause  why  judgment  should  not 
be  entered  against  the  said  lands  for  the  taxes  and  costs  due  and  unpaid  thereon  for 
the  year  or  years  herein  set  forth :  it  is  therefore  considered  by  the  court  that 
judgment  be  and  is  hereby  entered  against  the  aforesaid  tracts,  lots  and  blocks,  in 
the  name  of  the  city  of  Warsaw,  for  the  sum  annexed  to  each  tract  or  parcel  of 
land,  lots  or  blocks,  being  the  amount  of  taxes  and  costs  due  severally  thereon ; 
and  it  is  ordered  by  the  court  that  the  said  several  Tracts  of  land,  lots  and  blocks, 
or  so  much  thereof  as  shall  be  sufficient  of  each  of  them  to  satisfy  the  amount  Of 
taxes  and  costs  annexed  to  them  severally,  be  sold  at  the  office  of  the  City  Clerk, 
within  and  for  the  city  of  Warsaw,  in  the  county  of  Hancock,  and  State  of  Illinois, 
as  the  law  directs.  Said  order  shall  be  signed  b)r  the  Judge,  and  shall  have  the 
same  effect  as  judgments  and  orders  made  by  the  circuit  court.  Persons  owning 
any  of  the  tracts,  lots  or  blocks  included  in  said  list,  feeling  themselves  aggrieved 
*7  any  decision  of  the  county  court  in  such  cases,  shall  have  the  right  of  appeal  as 
in  other  cases  to  the  circuit  court  of  Hancock  county,  by  giving  bonds  and  security 
in  double  the  amount  of  the  taxes  and  costs  charged  on  the  tracts,  lots  and  blocks 
owned  and  claimed  by  them,  which  bond  shall  be  payable  to  the  city  of  Warsaw, 
and  approved  by  the  County  Judge. 

Sec.  34.  And  in  case  any  appeal  shall  be  taken  from  the  county  court  as  afore¬ 
said,  it  shall  be  the  duty  of  the  court  in  which  the  case  is  finally  disposed  of,  if  the 
judgment  be  in  favor  of  the  city  of  Warsaw,  to  direct  the  time  and  place  of  sale 
of  said  lands,  tracts,  lots  and  blocks.  And  the  said  lands,  tracts,  lots  and  blocks, 
shall  be  sold  on  the  day  and  at  the  place  prescribed  in  said  order,  and  such  sale 
shall  be  as  valid  and  binding  in  all  respects  as  if  the  said  appeal  had  not  been 
taken,  and  the  sale  shall  be  conducted  in  the  same  manner,  in  all  respects,  as  if  no 
such  appeal  had  been  taken. 

Sec.  35.  And  the  city  of  Warsaw  may  appeal  from  any  decision  of  the  county 
court,  the  same  as  any  person,  but  the  city  of  Warsaw  shall  in  no  case  be  required 
to  give  bond,  in  appealing  from  the  decision  of  said  court,  made  on  application  for 
judgment  for  taxes. 

Sec.  3G.  The  City  Clerk  shall,  before  the  day  of  sale,  make  a  correct  record 
of  the  lands  and  town  lots,  blocks  and  tracts,  against  which  judgment  is  rendered  in 
any  suit  for  taxes  due  thereon,  and  which  shall  set  forth  the  name  of  the  owner,  if 
known,  the  description  of  the  property  and  the  amount  due  on  each  tract  or  lot,  in 
the  same  order  as  said  property  may  be  set  forth  in  the  judgment  book,  and  shall 
attach  thereto  a  correct  copy  of  the  order  of  the  court,  an  1  his  certificate  of  the 
truth  of  said  record ;  which  record  so  attached  shall  hereafter  constitute  the  pro¬ 
cess  on  which  all  real  property  shall  be  sola  for  taxes,  as  well  as  tie  sales  of  said 
property.  When  any7  tract  of  land  or  town  lot  or  block  shall  be  sold,  it  shall  be 


44 


CTTY  CHARTER. 


the  duty  of  the  Clerk  to  enter  on  the  record  aforesaid  the  quantity  sold  and  the 
name  of  the  purchaser,  opposite  such  tract  or  lot,  in  the  blank  columns  provided 
for  that  purpose ;  and  when  any  such  property  shall  be  redeemed  from  sale,  the 
Clerk  shall  enter  the  name  of  the  person  redeeming,  the  date  and  amount  of 
redemption  in  the  proper  columns.  Said  book  shall  be  so  ruled  that  there  shall  be 
suitable  blank  columns  for  entering  the  quantity  or  portion  of  each  tract  or  lot 
that  may  be  sold,  the  name  of  the  purchaser,  and  such  other  columns  as  may  be 
deemed  necessary.  Said  book  shall  be  called  the  i(  sale  book.” 

Sec.  37.  Any  person  may  pay  the  taxes  and  costs  remaining  unpaid  on  any 
tract,  block  or  lot  in  said  delinquent  list  at  any  time  before  sale  of  the  same,  and 
the  Clerk  shall,  upon  such  payment,  make  the  same  entry  in  said  delinquent  list, 
and  deliver  to  the  person  paying  the  same  a  receipt  therefor,  as  hereinbefore 
required  in  cases  of  payment  of  taxes  before  judgment. 

Sec.  38.  In  selling  said  tracts,  lots  and  blocks  in  accordance  with  the  order  of 
the  county  court,  or  any  other  court,  the  City  Clerk  shall  offer  the  whole  of  each 
tract,  lot  or  block,  as  described  in  said  list,  for  sale  for  the  amount  of  taxes  and 
cost  due  thereon,  and  the  person  at  such  sale  offering  to  pay  the  taxes  and  costs 
charged  on  each  tract  or  lot  for  the  least  quantity  thereof,  shall  be  the  purchaser 
of  such  quantity.  When  a  portion  of  a  lot,  tract  or  block  shall  have  been  struck 
off  on  any  such  bid,  it  shall  be  taken  off  the  east  side  of  said  lot,  tract  or  block, 
extending  the  whole  length  of  said  side,  provided  said  lots  have  a  northerly  or 
southerly  front,  and  from  the  north  side,  extending  the  whole  length  as  aforesaid, 
should  said  lots  or  blocks  have  an  easterly  or  westerly  front. 

Sec.  39.  At  the  time  of  sale  mentioned  in  the  notice  aforesaid,  the  City  Clerk 
shall  proceed  and  sell,  at  the  place  named  in  the  said  notice,  the  several  tracts,  lots 
and  blocks  in  said  list  described,  upon  which  the  taxes  and  costs,  or  any  portion 
thereof,  shall  remain  unpaid,  for  the  satisfaction  of  such  taxes  and  costs,  and  if  no 
bid  shall  be  made  for  any  tract,  lot  or  block  offered  of  the  amount  of  taxes  and 
costs  thereon,  the  same  shall  be  struck  off  to  the  city  of  Warsaw;  and  the  said 
city  ( which  is  hereby  authorized  to  become  the  purchaser  at  any  such  sale)  shall 
be  regarded  as  the  purchaser  thereof,  and  a  certificate  of  purchase  therefor  shall 
issue  to  said  city  in  its  corporate  name,  and  said  city  shall  in  all  other  respects  be 
treated  as  oiher  purchasers.  The  City  Clerk  shall  receive  all  moneys  at  said  sale, 
and  shall  execute  to  the  several  purchasers  certificates  of  purchase,  stating  the 
name  of  the  purchaser,  the  date  of  the  purchase,  the  year  or  years  for  which  the 
taxes  accrued,  the  amount  for  which  said  tract  was  purchased,  and  a  plain  descrip¬ 
tion  of  the  property  purchased. 

Sec.  40.  The  City  Clerk  shall  pay  over  all  moneys  by  him  received  for  taxes, 
by  sale  or  otherwise,  on  said  delinquent  tax  list,  to  the  City  Treasurer,  and  report 
to  the  City  Council  the  property  sold  to  the  city,  and  the  amount  of  tax  due  thereon ; 
and  the  City  Council  shall  allow  him  for  tbe  amount  of  tax  aforesaid.  As  soon  as 
practicable  after  said  sale,  the  City  Council  shall  make  a  final  settlement  on  said 
delinquent  tax  list  with  the  Clerk,  and  make  a  record  of  the  same. 

Sec.  41.  If  any  real  property  shall  be  doubly  assessed,  or  assessed  before  it 
became  taxable,  and  the  taxes  so  erroneously  assessed  shall  have  been  paid,  the 
City  Council,  on  application  of  the  person  paying  the  same,  or  his  agent,  and  being 
satisfied  of  the  facts  in  the  case,  shall  cause  said  taxes  to  be  refunded;  and  if  any 
Collector  or  Clerk  shall  receive  the  taxes  properly  due  on  any  real  property,  and 
said  property  shall  afterwards  be  sold  for  the  same  taxes,  he  shall  refund  to  the 


COLLECTION  OF  TAXES. 


45 


purchaser  thereof,  if  application  be  made  within  two  years  from  the  date  of  said 
sale,  double  the  amount  of  the  purchase.  Any  Collector  or  Clerk  neglecting  or 
refusing  to  pay  as  required  by  this  section,  shall  be  liable  to  the  holder  of  the  cer¬ 
tificate  of  purchase,  or  his  legal  representatives,  in  an  action  of  debt,  in  any  court 
having  competent  jurisdiction  of  the  amount  of  said  debt. 

Sec.  42.  The  Clerk  may  continue  any  sale  of  delinquent  property  under  this 
act  from  day  to  day,  until  all  the  tracts  of  land,  lots  and  blocks  contained  in  the 
delinquent  list,  on  which  taxes  and  costs  remain  unpaid,  shall  be  sold  or  offered 
for  sale. 

Sec.  43.  In  all  advertisements  for  the  sale  of  lands  for  taxes,  and  in  entries 
required  to  be  made  by  the  Clerk  or  other  officer,  letters  and  figures  may  be  used 
to  denote  townships,  ranges,  sections,  parts  of  sections,  lots,  blocks,  parts  of  lots 
and  parts  of  blocks  and  surveys,  and  the  amount  of  taxes  and  costs.  And  the 
Clerk,  in  computing  and  extending  the  tax  on  any  lot,  tract,  block  or  personal 
property,  shall  in  no  case  regard  the  fractions  of  a  cent  in  said  computation. 

Sec.  44.  If  any  Collector  or  City  Clerk  shall  die,  be  removed  from  office, 
resign,  whose  term  of  office  shall  expire  before  the  completion  of  any  and  all 
duties  required  of  them  respectively  by  the  provisions  of  this  act,  his  or  their  suc¬ 
cessor  or  successors  in  office  shall,  and  they  are  hereby  authorized  and  required  to 
proceed  and  complete  the  same  in  every  respect  as  fully  as  if  such  death,  removal, 
resignation  or  expiration  of  office  had  never  taken  place. 

Sec.  45.  The  books  and  records  belonging  to  the  office  of  the  City  Clerk  of  the 
city  of  Warsaw,  or  copies  thereof  certified  by  said  Clerk,  shall  be  deemed  sufficient 
evidence  to  prove  the  sale  of  any  land  for  taxes,  the  redemption  of  the  same,  or 
payment  of  taxes  thereon. 

Sec.  46.  No  sale  of  real  estate  for  taxes  shall  be  considered  invalid  on  account; 
of  the  same  having  been  charged  in  any  other  name  than  that  of  the  rightful 
owner. 

Sec.  47.  The  county  court  of  Hancock  county,  in  the  State  of  Illinois,  shall 
have  original  jurisdiction  of  suits  for  taxes  due  on  real  property  on  application  for 
judgment  against  said  real  property,  whether  such  court  be  sitting  for  the  transac¬ 
tion  of  county  or  probate  business. 

Sec.  48.  Real  property  sold  under  any  of  the  provisions  of  this  act  may  be 
redeemed  at  any  time  before  the  expiration  of  two  years  from  the  date  of  sale,  on 
complying  with  the  following  conditions: 

First — Paying  in  specie  to  the  City  Clerk  of  said  city  of  Warsaw  double  the 
amount  for  which  the  same  was  sold,  and  all  taxes  accruing  under  the  provisions 
of  this  act  after  such  sale,  with  ten  per  cent,  interest  thereon  from  the  day  of  sale, 
unless  such  subsequent  tax  has  been  paid  by  the  person  for  whose  benefit  the 
redemption  is  made,  w'hich  fact  may  be  shown  by  the  Collector’s  receipt 

Second — Paying  in  specie  all  the  taxes  legally  levied  or  assessed  on  the  same 
under  the  laws  of  this  State,  other  than  those  levied  under  this  act,  after  such  sale, 
with  ten  per  cent,  interest  thereon.  But  in  no  case  shall  the  person  or  persons  be 
required  to  pay  any  tax  other  than  the  taxes  levied  under  the  provisions  of  this 
act,  unless  the  amount  of  the  same,  and  the  year  or  years  for  which  the  same  were 
levied,  is  entered  on  the  sale  book. 

Sec.  49.  If  the  real  estate  of  any  infant,  femme  covert,  or  lunatic  be  sold 
under  this  act,  the  same  may  be  redeemed  at  any  time  within  one  year  after  such 
disability  be  remcved,  upon  complying  with  the  conditions  specified  in  the  last  pre- 


46 


CITY  CHARTER. 


ceding  section,  which  redemption  may  be  made  by  themselves,  their  heirs,  their 
guardians  or  legal  representatives.  But  in  no  ease  shall  any  infant,  femme  covert, 
or  lunatic,,  or  their  heirs,  guardians  or  legal  representatives  be  allowed  to  redeem 
any  greater  interest  or  quantity  of  said  land  than  they  owned  at  the  day  of  sale, 
and  shall  pay  in  proportion  to  the  whole  amount  due  on  said  land,  according  to  the 
interest  wThich  they  redeem. 

Sec.  50.  The  purchaser  of  any  real  property  for  taxes,  under  this  act,  his  heirs- 
or  assigns,  may  present  to  the  City  Clerk  the  proper  officer’s  receipt,  showing  the 
payment  of  any  tax  or  taxes  legally  assessed  on  said  real  property  subsequent  to- 
said  purchase,  except  for  the  taxes  assessed  on  the  said  property  under  the  provis¬ 
ions  of  this  act  the  year  or  years  for  wffiich  said  tax  was  paid,  and  the  amount 
thereof ;  and  it  shall  be  duty  of  the  City  Clerk,  on  the  presentation  of  such  receipt, 
to  enter  and  set  down  in  the  sale  book  opposite  said  real  estate,  the  amount  and 
the  year  or  years  for  which  said  tax  was  paid.  And  any  person  wishing  to  redeem 
said  property,  shall  pay  the  tax  so  entered  in  the  Sale  book,  with  the  interest 
thereon. 

Sec.  51.  On  the  payment  of  the  redemption  money,  as  required  by  this  act,  the 
City*  Clerk  shall  execute  to  the  person  redeeming  a  certificate  stating  the  date  of 
the  sale,  the  year  or  years  for  the  taxes  of  which  the  sale  was  made,  and  the 
amount  of  tax  or  taxes  that  may  be  entered  on  the  sale  book  as  having  been  unpaid 
subsequent  to  said  sale,  with  the  interest  thereon,  and  the  amount  of  taxes  levied 
under  this  act  paid  subsequent  to  said  sale,  and  the  interest  thereon,  the  name  of 
the  person  to  whom  sold,  the  amount  for  which  the  same  was  sold,  a  plain  descrip¬ 
tion  of  the  property  sold  and  redeemed,  the  name  of  the  person  redeeming,  and 
the  amount  paid  thereon,  and  shall  make  an  entry  opposite  the  property  redeemed 
in  the  sale  book  of  the  date  of  the  redemption,  the  name  of  the  person  redeeming, 
and  the  amount  paid  thereon.  The  person  receiving  such  certificate  shall  pay  to 
the  Clerk  the  sum  of  twenty-five  cents. 

Sec.  52.  It  shall  be  the  duty  of  the  City  Clerk  to  make  a  special  deposit  with 
the  City  Treasurer  of  all  moneys  received  for  redemption,  except  his  fees,  particu¬ 
larly  specifying  on  what  property  and  from  what  bale  the  same  was  received,  and 
take  the  Treasurer’s  receipt  for  the  same,  and  file  it  in  his  office.  And  the  City 
Treasurer  shall  pay  the  amount  so  deposited  to  the  purchaser,  his  heirs  or* assigns, 
on  demand  and  presentation  of  the  certificate  of  purchase.  And  the  person  re¬ 
ceiving  such  redemption  money  shall  receipt  the  same  in  a  book  kepi  by  the  Treas¬ 
urer  for  that  purpose:  Provided ,  however,  that  the  presentation  of  the  deed  to  said 
property  from  the  Clerk  shall  be  deemed  as  the  same  as  the  presentation  of  the 
certificate.  And  if  any  redemption  money  deposited  with  the  Treasurer  and  not 
called  for  at  the  expiration  of  his  office,  said  Treasurer  shall  deliver  it  to  his  suc¬ 
cessor  in  office,  and  take  his  receipt  for  the  same. 

Sec.  53.  Any  infant,  femme  covert,  or  lunatic,  his,  her  or  their  heirs,  guardians 
or  legal  representatives,  wishing  to  redeem  any  real  property  sold  under  this  act, 
after  the  expiration  of  twm  years  from  the  day  of  sale,  shall  make  oath  or  affirma¬ 
tion  in  writing,  before  the  Clerk,  of  their  right  to  redeem  said  property,  setting 
out  their  interest  in  said  property,  and  the  facts  as  to  their  disability  at  the  time 
the  said  property  was  sold,  and  of  their  right  to  redeem;  which  oath  or  affiimation 
shall  be  considered  prima  facie  evidence  of  such  right,  and  the  Clerk  shall  file  said 
oath  or  affirmation  in  his  office,  and  for  the  taking  and  filing  such  oath  or  affirma¬ 
tion  he  shall  be  allowed  the  sum  of  twenty- five  cents,  to  be  paid  by  the  person  or 


COLLECTION  OF  TAXES. 


47 


persons  wishing  to  redeem.  Any  person  swearing  falsely  in  such  oath  or  affidavit, 
j-li  ill  be  deemed  guilty  of  perjury,  and  punished  accordingly. 

Sec.  54.  After  the  expiration  of  two  years  from  the  day  of  sale  of  any  real 
property  sold  under  the  provisions  of  this  act,  for  taxes,  the  purchaser  thereof,  his 
heirs  or  assigns,  shall  be  entitled  to  a  deed  therefor  :  Provided ,  the  same  shall  not 
have  been  previously  redeemed,  and  'provided  such  purchaser,  bis  heirs  or  assigns, 
shall  have  complied  with  the  provisions  of  the  next  section  of  this  act.  And  the 
City  Clerk  shall  in  such  case,  upon  the  surrender  of  the  certificate  of  purchase 
thereof,  execute  to  such  purchaser,  his  heirs  or  assigns,  a  deed  of  such  property. 

Sf.c.  55.  The  purchaser  of  any  real  property  under  this  act  for  taxes,  his  heirs 
or  assigns  shall,  at  least  three  months  before  the  expiration  of  two  years  from  the 
time  of  sale,  cause  to  be  served  on  every  person  in  possession  of  any  such  real 
estate,  a  written  notice  of  such  purchase,  in  which  notice  he  shall  state  when  lie 
purchased  said  tract,  lot  or  block,  a  description  of  such  tract,  lot  or  block,  and 
when  the  time  of  redemption  will  expire.  In  like  manner  he  shall  serve  on  fhe 
person  or  persons  in  whose  name  or  names  such  tract,  lot  or  block  is  taxed,  a  sim¬ 
ilar  written  notice,  if  such  person  or  persons  shall  reside  in  the  county  of  Hancock, 
and  in  the  event  that  the  person  or  persons  in  whose  name  or  names  such  tract,  lot 
or  block  is  taxed,  do  not  reside  in  the  county  of  Hancock,  he  shall  publish  kuch 
notice  m  some  newspaper  printed  in  said  county,  which  notice  shall  be  inserted! 
three  times,  the  last  time  being  not  less  than  three  months  before  the  expiration  of 
two  years  from  the  time  of  the  sale  of  such  property.  The  purchaser,  his  heirs  or 
assigns  shall,  before  a  deed  is  executed  to  him,  by  himself  or  agent,  make  an  affi¬ 
davit  of  his  having  complied  with  this  section,  stating  particularly  the  facts  relied 
on  as  such  compliance;  which  affidavit  shall  be  delivered  to  the  City  Clerk,  and 
by  him  filed  in  his  office  and  entered  on  the  records  of  his  office,  and  carefully  pre¬ 
served  among  the  files  of  his  office,  and  W'hic’n  record  or  affidavit  shall  be  primci 
facie  evidence  that  such  notice  has  been  given.  In  case  any  person  shall  be  com¬ 
pelled,  under  this  section,  to  publish  a  notice  in  a  newspaper,  then,  before  any  per¬ 
son  who  may  have  a  right  to  redeem  such  real  estate  from  such  tax  sale  shall  be 
peimitted  to  redeem,  he  shall  pay  to  the  City  Clerk  the  printer’s  fees  for  publish¬ 
ing  such  notice,  and  costs  of  being  sworn  to  such  affidavit,  and  of  filing  the  same  as 
aforesaid.  Provided ,  that  the  fee  for  such  publication,  where  the  notice  does  not 
include  more  tnan  four  tracts  or  lots,  shall  be  one  dollar,  and  the  printer  shall  be 
allowed  twenty  cents  for  each  additional  tract  contained  in  said  notice.  Any  per¬ 
son  swearing  falsely  in  the  affidavit  lequired  by  this  section,  shall  be  deemed  guilty 
of  perjury  and  punished  accordingly* 

Sec.  56.  In  case  the  City  of  Warsaw  is  the  purchaser  of  any  real  property  for 
taxes  or  assessments  under  this  act,  then  and  in  that  case,  if  the  certificate  of  pur¬ 
chase  has  not  been  assigned,  the  City  Marshal  of  said  City  is  hereby  authorised 
and  empowered  to  give  the  notice,  and  make  the  affidavit  required  in  the  last  prece¬ 
ding  section,  in  the  name  and  on  the  behalf  of  said  City. 

Sec.  57.  In  case  any  purchaser,  his  heirs  or  assigns  shall  have  lost,  or  for  any 
cause  is  unable  to  produce  his  certificate  of  purchase,  the  City  Clerk  shall  execute 
a  duplicate  certificate  thereof,  upon  such  person  filing  with  him  an  affidavit  of  such 
loss  or  inability  to  produce  the  same,  and  that  the  same  is  his  rightful  property. 

Sec.  58.  The  certificates  of  purchase  for  taxes  under  this  act,  shall  be  assigna¬ 
ble  by  endorsement  on  the  back,  and  wdien  so  assigned,  the  assignee  or  assignees 
•shall  be  vested  with  the  same  rights  and  shall  be  entitled  to  receive  a  deed  of  such 


48 


CITT  CHARTER. 


premises  in  his  own  name  and  with  the  same  effect  as  though  he  had  been  the  ori¬ 
ginal  purchaser. 

Sec.  59.  And  in  case  the  City  of  Warsaw  shall  be  the  holder  of  any  such  cer¬ 
tificate  of  purchase,  then  the  same  maybe  assigned  by  the  Mayor,  by  his  endorsing 
his  name  on  the  back  of  such  certificate. 

Sec.  60.  All  the  notices  and  advertisements  required  to  be  published,  or  which 
are  authorized  to  be  published  under  this  article  in  any  newspaper,  the  certificate 
of  the  printer  or  publisher  with  a  written  or  printed  copy  of  such  notice  or  adver¬ 
tisement  annexed,  stating  the  number  of  times  which  the  same  shall  have  been  pub¬ 
lished,  and  the  date  of  the  first  and  last  papers  containing  the  same,  shall  be  suffi¬ 
cient  evidence  of  th«  publication  therein  set  forth. 

Sec.  61.  All  deeds  made  to  purchasers  or  their  heirs  or  assigns,  of  tracts,  lots 
or  blocks  of  ground,  sold  for  any  tax  or  assessment  by  order  of  the  City  Council 
of  said  City  of  Warsaw,  shall,  in  all  controversies  and  suits  in  relation  to  the  right 
of  the  purchaser,  his  heirs  or  assigns,  to  the  premises  thereby  conveyed,  be  prima 
facie  evidence  of  the  following  facts  : 

First — That  the  taxes  or  assessments  were  not  paid  at  any  time  before  the  sale. 

Second, -^-That  the  land  conveyed  had  not  been  redeemed  from  the  sale  at  the  date 
of  the  deed. 

Third — That  the  purchaser  has  given  the  notice  or  notices  at  the  time  and  in  the 
manner  and  upon  the  person  or  persons,  and  filed  with  the  Clerk  of  the  said  City 
the  affidavit  required  by  section  55  of  this  article,  has  in  every  respect  complied 
with  section  fourth  of  article  ninth  of  the  Constitution  of  this  State,  required  of 
purchasers  at  tax  sales  before  being  entitled  to  receive  a  deed  therefor,  and  conclu¬ 
sive  evidence  of  the  following  facts : 

First — That  the  land,  tract,  lot  or  block  was  gpbject  to  taxation  or  assessment 
at  the  time  the  same  was  advertised  for  sale,  and  had  been  listed  and  assessed  in  the 
time  and  manner  required  by  law. 

Second — That  the  land  or  lot  was  advertised  for  sale  for  the  length  of  time  and 
in  the  manner  required  by  law. 

Third — That  the  land  was  sold  for  taxes  or  assessments,  as  stated  in  the  deed. 

Fourth — That  the  grantor  in  the  deed  was  the  purchaser. 

Fifth — That  the  Collector  has  made  his  return  in  the  time  and  manner  required 
by  law. 

Sixth — That  the  sale  was  conducted  in  the  manner  required  by  law;  and  in  all 
controversies  and  suits  involving  the  title  to  land  or  lots  claimed  and  held  under  and 
by  virtue  of  such  deed,  the  person  or  persons  claiming  title  adversely  to  the  title 
conveyed  by  such  deed,  shall  be  required  to  prove,  in  order  to  defeat  the  said  title, 
either  that  the  taxes  or  assessments  had  been  paid,  or  that  the  same  had  been 
redeemed  according  to  the  provisions  of  this  act,  and  that  sueh  redemption  was 
made  for  the  use  and  benefit  of  the  person  having  the  right  of  redemption  under 
this  act,  but  no  person  shall  be  permitted  to  question  the  title  acquired  by  said 
deed,  without  first  showing  that  he,  or  the  person  from  whom  he  derives  his  inter¬ 
est,  had  title  to  the  land  or  lot  at  the  time  of  sale,  or  that  the  title  was  obtained 
from  the  United  States  or  of  this  State,  after  the  sale,  and  that  all  taxes  due  upon 
the  lands  or  lots  have  been,  paid  by  such  person,  or  the  person  under  whom  he 
claims  title,  as  aforesaid. 

Sec.  62.  The  deed  made  by  the  City  Clerk,  under  this  act,  shall  be  signed  by 
the  City  Clerk,  and  on  being  properly  acknowledged  before  some  officer  having 


COLLECTION  OF  TAXES. 


40 


'he  right  to  take  acknowledgments  of  deeds  in  this  State,  the  same  may  be  read  in 
evidence  in  any  court  in  this  State,  without  proof. 

Sec.  63.  There  shall  be  allowed  for  collecting  the  city  revenue,  from  taxes  and 
assessments,  the  following  fees  : 

To  the  Collector  and  Clerk,  on  all  moneys  collected  by  them,  three  per  centum. 

To  the  Clerk,  for  copying  the  assessment  roll  and  extending  the  taxes  thereon, 
three  cents  on  each  tract,  and  on  personal  property  three  cents  on  each  person's 
personal  property,  which  items  shall  be  paid  by  the  city  of  Warsaw.  And  the 
following  fees,  which  shall  be  a  charge  on  the  real  property  on  which  the  same 
accrued  as  costs,  and  the  person  paying  the  tax  on  or  purchasing  said  real  property 
at  the  sale,  shall  pay  the  same: 

First — To  the  City  Collector,  for  making  out  and  returning  delinquent  tax  list, 
three  cents  on  each  tract,  lot  or  block. 

Second — To  the  printer,  for  publishing  the  delinquent  tax  list  notice,  on  each 
tract,  lot  and  block,  five  cents. 

Third — To  the  City  Clerk,  for  making  copy  of  delinquent  list  for  printer,  two 
cents  on  each  tract,  lot  or  block. 

Fourth — To  the  Clerk,  for  making  out  list  of  delinquent  lands  for  judgment, 
three  cents  on  each  tract,  lot  or  block. 

Fifth — To  the  Clerk,  for  making  sale  on  each  tract,  lot  or  block,  and  entering 
the  same  in  sale  book,  eight  cents. 

And  the  following  fees,  which  shall  be  paid  by  the  person  wishing  the  services  : 

To  the  City  Clerk,  for  issuing  duplicate  certificate  of  purchase  in  case  of  loss, 
twenty-five  cents,  for  making  each  deed  on  tax  sale  and  acknowledging  the  same, 
one  dollar. 

And  all  other  expenses  arising  out  of  the  city  revenue,  from  taxes  or  assessments, 
shall  be  laid  before  the  City  Council  by  the  person  interested,  to  be  acted  on  by 
them,  and  allow’ed  or  disallowed,  as  shall  to  them  appear  equitable. 

Sec.  64.  The  City  Clerk  is  hereby  authorized  and  empowered  to  make  deeds  to 
the  purchaser,  his  heirs  or  assigns,  of  any  lots  or  real  estate  sold  on  the  22d  day  of 
March,  a.  d.  1858,  for  taxes  due  the  city  of  Warsaw  for  the  current  year  of  a.  n. 
1857,  under  the  law’s  of  this  State  and  the  ordinances  of  the  said  city  of  Warsaw’, 
unless  said  lots  or  real  estate  shall  be  redeemed  according  to  the  ordinances  of  said 
city,  and  W’hen  the  said  deed  or  deeds  is  properly  acknowledged  before  some  officer 
empowered  to  take  acknowledgment  of  deeds  in  this  State,  the  same  may  be  read 
in  evidence  in  all  courts  and  places  without  further  proof. 

Sec.  65.  The  deeds  made  by  the  City  Clerk  under  and  by  virtue  of  the  power 
conferred  on  said  Clerk  by  section  64  of  this  act,  shall  be  evidence  of  the  same 
facts  and  things  in  all  courts  and  places  as  deeds  made  for  property  sold  for  taxes 
under  the  provisions  of  this  act,  and  the  same  validity  shall  be  given  to  them  in  all 
respects  as  may  be  given  to  deeds  made  for  sale  of  lands  for  taxes  under  this  act. 

Sec.  66.  The  assessments  and  levy  for  taxes  by  the  city  of  Warsaw,  for  the 
current  year  a.  d.  1858,  are  hereby  legalized  and  made  valid  and  binding  in  all 
respects,  and  in  case  any  real  estate’ is  sold  for  taxes  due  the  city  of  Warsaw  for 
the  current  year  a.  d.  1858,  the  sale  shall  be  made  by  the  City  Clerk,  and  shall  be 
made  and  conducted  in  all  respects  in  conformity  to  the  provisions  of  this  act;  and 
the  same  rights  of  redemption  from  such  sale  shall  exist  as  from  sales  made  under 
the  provisions  of  this  act,  and  none  other;  and  the  purchaser  shall  give  the  notice 
required  by  this  act,  and  the  Clerk,  in  case  said  property  is  not  redeemed  according 
4  / 


50 


CltY  CHARTER. 


to  the  provisions  of  this  act,  shall  execute  deeds  to  the  purchasers,  or  their  heirs  or 
assigns,  as  authorized  by  this  act,  and  such  deeds  shall  be  evidence  of  the  same 
facts  and  in  the  same  manner  as  deeds  made  for  lands  sold  for  taxes  under  the  pro¬ 
visions  of  this  act;  and  this  act  shall  extend  to  and  apply  in  all  respects  to  the  col¬ 
lection  of  taxes  due  the  city  of  Warsaw  for  the  current  year,  a.  d.  1858,  from  and 
after  its  passage,  the  same  as  if  said  taxes  had  been  levied  and  assessed  under  the 
provisions  of  this  act. 

Sec.  67.  It  shall  be  the  duty  of  the  Secretary  of  State,  immediately  after  the 
passage  of  this  act,  to  furnish  the  said  city  of  Warsaw  a  copy  of  the  same,  duly 

certified  to. 


ARTICLE  IX. 

BOARD  OF  HEALTH. 

Section  1.  The  Board  of  Health  shall  consist  of  three  or  more  commissioners, 
to  be  appointed  annually  by  the  City  Council;  and  the  Mayor  or  presiding  officer 
of  the  City  Council  shall  be  President  of  the  Board,  and  the  City  Clerk  shall  be 
their  Clerk,  and  keep  minutes  of  its  proceedings. 

Sec.  2.  It  shall  be  the  duty  of  Health  officers  to  visit  every  sick  person  who 
may  he  reported  to  them,  as  hereinafter  provided,  and  to  report  With  all  convenient 
speed  their  opinion  of  the  sickness  of  such  person  to  the  Clerk  of  the  Board,  and 
to  visit  and  inspect  all  houses  or  places  in  which  they  may  suspect  any  person  to 
he  confined  with  any  pestilential  or  infectious  disease,  or  to  contain  unsound  pro¬ 
visions,  or  damaged  or  putrid  animal  or  vegetable  matter,  or  other  unwholesome 
articles,  and  to  make  report  of  the  state  of  the  same,  with  all  convenient  speed,  to 
the  Clerk  of  the  Board. 

Sec.  3.  All  persons  in  the  city,  not  residents  thereof,  who  may  be  infected  with 
any  pestilential  or  infectious  disease,  or  all  things  which  in  the  opinion  of  the 
Board  shall  be  infected  by  or  tainted  with  pestilential  matter,  and  ought  to  be 
removed  so  as  not  to  endanger  the  health  of  the  city,  shall  by  order  of  said  Board 
be  removed  to  some  proper  place,  not  exceeding  five  miles  beyond  the  limits  of  the 
city,  to  be  provided  by  the  Board,  at  the  expense  of  the  person  to  be  removed,  if 
able ;  and  the  Board  may  order  any  furnituie  or  wearing  apparel  to  be  destroyed, 
whenever  they  may  deem  it  necessary  for  the  health  of  the  city,  by  making  just 
compensation. 

Sec.  4.  The  City  Council  shall  have  power  to  prescribe  the  powers  and  duties 
of  the  Board  of  Health,  and  to  punish  bjrfme  or  imprisonment,  or  both,  any  refusal 
or  neglect  to  obey  the  orders  and  regulations  of  the  Board. 

Sec.  5.  The  Health  officers  may  be  authorized  by  the  City  Council,  when  the 
public  interest  requires,  to  exercise  for  the  time  being  such  of  the  powers  and  per- 
iorm  such  of  the  duties  of  the  Marshal  or  Supervisor  as  the  City  Council  may  in 
their  discretion  direct,  and  shall  be  authorized  to  enter  all  houses  and  other  places, 
private  or  public,  at  all  times,  in  the  discharge  of  any  duty  under  this  act  or  any 
ordinance. 

Sec.  6.  Every  person  practising  physic  in  this  city,  who  shall  have  a  patient 
laboring  under  any  malignant,  infectious  or  pestilential  disease,  shall  forthwith 


FIRE  DEPARTMENT. 


51 


make  report  thereof  in  writing  to  the  Clerk  of  the  Board,  and  for  neglect  to  do  so 
shall  be  considered  guilty  of  a  misdemeanor,  and  liable  to  a  fine  of  fifty  dollars,  to 
be  sued  for  and  recovered,  with  costs,  in  an  action  of  debt  in  any  court  having 
cognizance  thereof,  or  before  a  justice  of  the  peace,  for  the  use  of  the  city. 


ARTICLE  X. 

FIRE  DEPARTMENT. 

Sf.ction  1.  The  City  Council,  for  the  purpose  of  guarding  against  the  calami¬ 
ties  of  fire,  shall  have  power  to  prohibit  the  erection,  placing  or  repairing  of 
wooden  buildings  within  the  limits  prescribed  by  them,  without  their  permission, 
and  direct  and  prescribe  that  all  buildings  within  the  limits  prescribed  shall  be 
made  or  constructed  of  fire-proof  materials;  and  to  prohibit  the  rebuilding  or 
repairing  of  wooden  buildings  within  the  fire  limits,  when  the  same  shall  have  been 
damaged  to  the  extent  of  fifty  per  cent,  of  the  value  thereof,  and  to  prescribe  the 
manner  of  ascertaining  such  damage.  To  declare  all  dilapidated  buildings  to  be 
nuisances,  and  to  direct  the  same  to  be  repaired,  removed  or  abated  in  such  manner 
as  they  shall  prescribe  and  direct;  to  declare  all  wooden  buildings  within  the  fire 
limits  which  they  may  deem  dangerous  to  contiguous  buildings,  or  in  causing  or 
promoting  fires,  to  be  nuisances,  and  to  require  and  cause  the  same  to  be  removed 
or  abated,  in  such  manner  as  they  shall  prescribe. 

Sec.  2.  The  City  Council  shall  have  power — 

First — To  regulate  the  construction  of  chimneys  and  flues  so  as  to  admit  of 
chimney  sweeps  or  other  mode  of  cleaning,  and  to  compel  the  sweeping  and  clean¬ 
ing  of  chimneys. 

Second — To  prevent  and  prohibit  the  dangerous  construction  and  condition  of 
chimneys,  flues,  fire-places,  stove-pipes,  ovens,  or  any  other  apparatus  used  in  or 
about  any  building  or  manufactory,  and  to  cause  the  same  to  be  removed  or  placed 
in  a  secure  and  safe  condition,  when  considered  dangerous. 

Third — To  prevent  the  deposit  of  ashes  in  unsafe  places,  and  to  appoint  one  or 
more  officers  to  enter  into  all  buildings  and  enclosures  to  examine  and  discover 
whether  the  same  are  in  a  dangerous  state,  and  to  cause  such  as  may  be  dangerous 
to  be  put  in  safe  condition. 

Fourth — To  require  the  inhabitants  to  provide  as  many  fire-buckets,  and  in  such 
manner  and  time  as  they  shall  prescribe,  and  to  regulate  the  use  thereof  in  times  of 
fire,  and  to  require  all  owners  and  occupants  of  buildings  to  construct  and  keep  in 
repair  wells  or  cisterns  upon  their  premises. 

Fifth — To  regulate  and  prevent  the  carrying  on  of  manufactories  and  works 
dangerous  in  promoting  or  causing  fires. 

Sixth — To  regulate,  prevent  and  prohibit  the  use  of  fire-wTorks  and  fire-arms. 

Seventh — To  direct  and  prohibit  the  management  of  houses  for  the  storing  of 
gunpowder  and  other  combustible  and  dangerous  materials  within  the  city;  to  reg¬ 
ulate  the  keeping  and  conveying  of  the  same,  and  the  use  of  candles  and  other 
lights  in  stables  and  other  like  houses. 

Eighth — To  regulate  and  prescribe  the  manner  and  order  the  building  of  parapet 
and  partition  walls  and  of  partition  fences. 


52 


CITY  CHARTER. 


JSiinth — To  compel  the  owners  or  occupants  of  houses  or  other  buildings  to  have 
scuttles  in  the  roofs,  and  stairs  or  ladders  leading  to  the  same. 

Tenth — To  authorize  the  Mayor,  fire  wardens,  or  other  officers  of  said  city,  to 
keep  away  from  the  vicinity  of  any  fire  all  idle  and  suspicious  persons,  and  to  com¬ 
pel  all  officers  of  the  city  and  all  other  persons  to  aid  in  the  extinguishment  of  fires 
and  the  preservation  of  property  exposed  to  danger  thereat,  and  in  preventing 
goods  from  being  stolen. 

Eleventh — And  generally  to  establish  such  regulations  for  the  prevention  and 
extinguishment  of  fires  as  the  City  Council  may  deem  expedient. 

Sec.  3.  The  City  Council  may  procure  fire  engines  and  all  other  apparatus  used 
for  the  extinguishment  of  fires,  and  have  the  charge  and  control  of  the  same,  aul 
provide  fit  and  secure  houses  and  other  places  for  keeping  and  preserving  the  same, 
and  shall  have  power — 

First — To  organize  fire,  hook,  hose,  axe  and  ladder  companies. 

Second — To  appoint,  during  their  pleasure,  a  competent  number  of  able  and 
reputable  inhabitants  of  the  city  firemen,  to  take  the  care  and  management  of  the 
engines  and  other  apparatus  and  implements  used  and  provided  for  the  extinguish¬ 
ment  of  fires. 

Third — To  prescribe  the  duties  of  firemen,  and  to  make  rules  and  regulations  for 
their  government,  and  to  impose  reasonable  penalties  upon  them  for  a  violation  of 
the  same,  for  incapacity,  neglect  of  duty  or  misconduct,  to  remove  them. 

Fourth — The  City  Council  shall  have  power  to  appoint  a  chief  and  assistant 
engineers  of  the  fire  department,  and  they,  with  the  other  firemen,  shall  take  the 
care  and  management  of  the  engines  and  other  apparatus  and  implements  provided 
and  used  for  the  extinguishment  of  fires,  and  their  powers  and  duties  shall  be  pre¬ 
scribed  and  defined  by  the  City  Council. 

Sec.  4.  The  members  of  the  City  Council,  and  firemen,  shall,  during  their 
terms  of  service  as  such,  be  exempted  from  serving  on  juries,  in  the  militia,  or 
working  on  the  streets,  or  paying  any  tax  for  the  same.  The  name  of  each  fireman 
shall  be  registered  with  the  Clerk  of  the  city,  and  the  evidence  to  entitle  him  to 
the  exemption  provided  in  this  section  shall  be  the  certificate  of  the  Clerk,  under 
the  corporate  seal,  for  the  year  in  which  exemption  is  claimed. 


article  XI. 

SCHOOLS  AND  SCHOOL  FUND. 

Section  1.  All  of  the  territory  lying  within  the  corporate  limits  of  the  said 
city  cf  Warsaw,  with  such  other  territory  as  may  be  hereafter  incorporated  with 
and  come  under  the  jurisdiction  of  said  city,  is  hereby  erected  into  a  common 
school  district,  to  be  known  as  the  “  Warsaw  School  District.”  Whereas,  by  an 
act  approved  February  7th,  a.  d.  1857,  the  limits  of  said  city  of  Warsaw  was 
extended,  embracing  in  said  extension  many  of  the  persons  under  the  age  of  twenty- 
one  years,  inhabitants  of  the  town  of  Wilcox,  who  had  at  that  time,  and  still  have, 
a  large  fund  for  the  support  of  common  schools,  arising  from  the  sale  of  school 
lands,  invested  in  notes  and  mortgages;  and  Whereas,  by  said  law  extending  said 
limits  no  provision  was  made  for  any  division  of  said  school  fund  of  said  Wilcox, 


SCHOOLS  AND  SCHOOL  FUND. 


53 


therefore,  said  city  of  Warsaw  is  hereby  declared  to  be  entitled  to  so  much  of  said 
funds  as  said  children  so  annexed  to  said  city  and  were  taken  from  said  town  of 
Wilcox  bear  to  the  whole  number  of  persons  under  twenty-one  years  of  age  in 
said  town  of  Wilcox  at  the  time  of  the  passage  of  said  act,  viz.,  said  7th  Febru¬ 
ary,  1857. 

Sec.  2.  The  Treasurer  of  said  town  of  Wilcox  and  the  Treasurer  of  said  city 
respectively,  and  their  successors  in  office,  are  hereby  appointed  a  committee,  and 
it  is  made  their  duty  to  ascertain  the  census  of  all  the  persons  in  said  town  of  Wil¬ 
cox  under  the  age  of  twenty-one  years  on  the  7th  of  February,  1857,  and  also  the 
number  of  such  persons  so  annexed  to  said  city  of  Warsaw  and  taken  from  said 
town  of  Wilcox,  and  apportion  the  distributive  share  of  said  funds  on  hand  at  the 
date  last  aforesaid.  It  is  hereby  made  the  duty  of  the  Treasurer  of  the  said  town 
of  Wilcox,  having  charge  of  said  school  funds,  and  he  is  hereby  authorized  to  pay- 
over  to  the  Treasurer  of  the  city  of  Warsaw,  for  the  use  of  schools  in  said  city,  so 
much  of  said  town  of  Wilcox’s  school  funds  as  the  proportion  such  persons  under 
the  age  of  twenty-one  so  annexed  to  Warsaw  bear  to  the  whole  number  of  said 
persons  under  twenty-one  years  of  age  in  said  Wilcox  at  the  time  of  such  annexa¬ 
tion,  and  said  fund,  when  so  received  by  said  city  of  Warsaw,  shall  be  added  to 
the  principal  school  fund  thereof. 

Sec.  3.  It  shall  further  be  the  duty  of  the  said  Treasurer  of  said  town  of  Wil¬ 
cox,  who  has  charge  of  said  school  funds  to  pay  over  to  the  Treasurer  of  the  city 
of  Warsaw,  for  the  use  of  schools  in  said  city,  so  much  money  received  from  the 
State  of  Illinois,  through  the  County  School  Commissioner  for  said  Hancock 
county,  including  State,  school,  college  and  seminary  funds,  as  said  Treasurer  of 
Wilcox  received  for  the  year  1858,  on  account  of  the  scholars  thus  set  off  and 
annexed  to  Warsaw,  on  demand. 

Sec.  4.  The  care  and  superintendence  of  the  common  schools  within  the  city 
of  Warsaw,  together  with  the  funds  and  estate,  both  real  and  personal,  belonging 
to  and  which  may  be  conveyed  to  the  Warsaw  school  district,  shall  devolve  upon 
the  Board  of  Education  (to  be  hereafter  provided  for)  for  said  Warsaw  school  dis¬ 
trict,  and  the  City  Council  of  the  city  of  Warsaw  shall  have  power  to  make  all 
law?  and  ordinances  necessary  and  proper  for  the  management  of  saiu  common 
schools,  upon  recommendation  of  the  same  by  the  Board  of  Education. 

Sec.  5.  The  present  Board  of  Education  of  said  city  shall  hold  their  offices  as 
shall  be  determined  by  lot,  to  be  made  a  matter  of  record  on  the  minutes  of  pro¬ 
ceedings  of  the  City  Council,  one  of  them  vacating  his  office  at  the  termination  of 
the  present  fiscal  year,  and  two  annually  thereafter,  and  the  City  Council  shall 
appoint  two  members  of  said  Board,  on  their  meeting  for  the  appointment  of  other 
city  officers  next  to  be  holden,  and  two  annually  thereafter,  and  shall  also  fill  all 
vacancies  as  they  from  time  to  time  shall  occur,  and  the  member  so  elected  to  fill  a 
vacancy  shall  hold  his  office  as  long  as  the  person  whose  place  he  fills  could  have 
held.  Said  Board  of  Education  shall  consist  of  six  members,  and  they  shall  hold 
their  offices  for  the  terms  for  which  they  shall  severally  be  appointed,  and  until 
others  shall  be  elected  and  qualified  in  their  stead. 

Sec.  6.  Said  Board  of  Education  in  said  city  shall  be  deemed,  and  are  hereby 
created  a  body  politic  and  corporate,  by  the  name  of  the  ‘‘Board  of  Education  of 
the  Warsaw  School  District,”  and  by  that  name  may  sue  and  be  sued,  plea  l  and  be 
in  pleaded,  answer  and  be  answered  unto  in  all  courts  and  places  whatever,  and  to 
have  perpetual  succession ;  they  may  exercise  all  the  powers  that  school  trustees  of 


54 


CITY  CHARTER. 


townships  and  boards  of  directors  in  the  school  districts  generally  throughout  the 
State  now  do  by  law,  or  may  do  by  any  law  hereafter  passed,  except  the  right  to 
levy  taxes  for  any  purpose  whatever.  Said  Board  of  Education  may  make,  from 
time  to  time  all  such  rules  and  regulations  for  their  own  government  and  for  the 
government  and  management  of  the  public  schools  in  said  city,  and  for  the  man¬ 
agement  of,  custody  and  care  of  all  the  schools,  school  funds  and  school  property 
belonging  at  any  time  to  said  Warsaw  school  district,  and  shall  from  time  to  time 
recommend  to  the  City  Council  the  passage  of  any  laws  in  relation  to  the  manage¬ 
ment,  government  or  control  of  the  schools  or  school  property  belonging  to  said 
district,  and  the  City  Council  are  hereby  empowered  to  pass  any  such  laws  so 
recommended,  and  they  shall  be  binding  and  in  force  from  such  passage. 

Sec.  7.  All  the  estate,  both  real  and  personal,  belonging  to  said  city  "Of  War¬ 
saw  for  the  use  of  schools,  and  all  the  funds,  notes,  mortgages  and  moneys  belong¬ 
ing  to  said  city  for  the  use  of  schools,  or  which  may  hereafter  come  into  posses¬ 
sion  or  control  of  said  city,  is  hereby  declared  to  be  fully  vested  in  said  Board  of 
Education,  and  in  their  successors  in  office  forever,  and  said  Board  of  Education 
are  empowered  to  receive  conveyances  of  an}^  real  estate  or  personal  property ;  said 
Board  of  Education  shall  fold  stated  and  regular  meetings  once  in  each  month,  the 
time  to  be  designated  by  resolution  of  said  Board. 

Sec.  8.  The  Clerk  of  the  city  of  Warsaw  shall  be  the  Clerk  of  said  Board  of 
Education.  The  Treasurer  of  the  city  of  Warsaw  shall  be  Treasurer  of  the  school 
funds.  Said  Board  shall  annually  after  the  appointment  or  election  of  the  new 
member  elect  one  of  their  number  for  President  of  the  Board. 

Sec.  9.  Said  President  of  the  Board  of  Education  is  hereby  specially  empowered 
to  sell  and  convey  by  deed  of  quit  claim,  at  private  sale,  to  Isham  Cochran  or 
other  persons,  the  school  house  and  lot  on  Webster  street,  in  said  city  of  Warsaw, 
whenever  ordered  by  said  Board  so  to  do. 

Sec.  10.  A  majority  of  the  said  Board  of  Education  shall  constitute  a  quorum 
for  the  transaction  of  all  business.  It  shall  be  the  duty  of  the  Board  of  Education 
to  cause  an  abstract  of  the  whole  number  of  white  children  under  the  age  of 
twenty-one  years  in  the  Warsaw  school  district  to  he  furnished  to  the  School  Com¬ 
missioner  of  Hancock  county  on  or  before  the  second  Monday  of  October  annually, 
and  the  School  Commissioner  of  said  Hancock  county  sHall  annually  pa)r  to  the 
Treasurer  of  said  Board  of  Education  the  proportion  of  school,  college  and  sem¬ 
inary  fund  to  which  the  said  Warsaw  school  district  may  be  entitled,  and  said 
Warsaw  school  district  shall  be  entitled  to  their  portion  of  said  fund,  according  to 
the  school  law  of  the  State. 

Sec.  11.  The  members  of  the  Board  of  Education  shall  be  allowed  two  dollars 
each  for  every  regular  meeting  of  said  Board  that  they  shall  attend.  The  Clerk  of 
said  Board  shall  be  allowed  two  dollars  for  each  regular  meeting  of  said  Board, 
and  one  dollar  for  each  called  or  special  meeting  of  said  Board. 

Sec.  12.  The  city  of  Warsaw  is  hereby  authorized  and  empowered  to  levy  a 
special  tax  not  exceeding  one  eighth  of  one  per  cent,  per  annum  in  each  year  on 
all  taxable  property  in  said  city:  Provided ,  the  same  shall  be  recommended  by  the 
Board  of  Education  of  said  city,  the  proceeds  of  which  said  tax  shall  be  wholly 
applied  to  the  support  of  common  schools  in  said  city,  in  the  same  manner  as  the 
interest  arising  from  the  permanent  school  fund,  and  to  no  other  purpose.  Said  tax 
is  to  be  collected  in  the  same  manner  and  under  the  same  regulations  that  other 
city  taxes  are  collected. 


SCHOOLS  AND  SCHOOL  FUND. 


DO 


Sec.  13.  All  actions  and  rights  of  action  which  have  accrued  to  the  city  of 
Warsaw  for  the  use  or  benefit  of  the  Warsaw  school  district,  shall  be  vested  in  the 
Hoard  of  Education  of  the  Warsaw  school  district. 

Sf.c.  14.  Said  Board  of  Education  shall  have  the  care  and  management  of  the 
public  schools,  and  may  elect  all  such  instructors  as  they  may  deem  proper,  and 
remove  the  same  whenever  they  consider  it  expedient. 

Sec.  15.  Tne  Board  of  Education  shall  examine  such  person  as  proposes  to 
teach  in  the  public  schools  in  said  district,  in  relation  to  his  or  her  qualifications  to 
teach  such  things  or  branches  as  he  may  deem  necessary,  and  if  it  shall  be  satisfied 
that  such  person  sustains  a  good  moral  character,  is  apt  to  teach,  possesses  good 
governmental  qualities,  and  is  properly  qualified  to  teach  such  branches  as  will  be 
required  of  him  or  her,  it  shall  forthwith  give  such  person  a  certificate  of  qualifi¬ 
cation  ;  and  the  said  Board  of  Education  may  revoke  said  certificate  for  gross 
immorality,  incompetency,  or  other  adequate  cause. 

Sec.  16.  The  duties  of  teachers  sdiall  be  prescribed  by  the  Board  of  Education, 
and  made  a  matter  of  record  by  the  Clerk  of  raid  Board  on  the  book  containing 
the  proceedings  of  said  Board. 

t 

TREASURER - HIS  DUTIES. 


Sec.  17.  The  Treasurer  appointed  by  the  City  Council  shall,  before  entering 
upon  his  duties,  execute  a  bond,  with  two  or  more  freeholders,  who  shall  not  be 
members  of  the  Board,  as  securities,  payable  to  the  Board  of  Education  for  which 
he  is  appointed  Treasurer,  with  a  sufficient  penalty  to  cover  all  liabilities  which 
may  be  incurred,  conditioned  faithfully  to  perform  all  the  duties  of  Treasurer  of 
the  Board  of  Educition  of  the  Warsaw  school  district,  according  to  law.  The 
security  shall  be  approved  by  at  least  a  majority  of  the  Board,  and  shall  be  de¬ 
livered  by  one  of  the  Board  to  the  Clerk  of  the  Board  of  Education.  And  . in  all 
cases  where  such  Treasurer  aforesaid  is  to  have  the  custody  of  all  bonds,  mortgages, 
moneys  and  effects  denominated  principal,  and  belonging  to  the  Warsaw  schoo  1 
district,  for  which  he  is  appointed  Treasurer,  the  penalty  of  said  Treasurer’s  bond 
shall  be  twice  ihe  amount  of  said  bonds,  notes,  mortgages,  moneys  and  effects. 
And  every  Treasurer  appointed  subsequent  to  the  first,  as  herein  provided,  shall 
execute  bond  with  security  as  is  required  of  the  first  Treasurer.  The  bond  required 
in  this  section  shall  be  in  the  following  form,  viz  : 


State  of  Illinois,  > 

Hancock  County.  ^  ss’ 

Know  all  nun  by  these  presents,  that  we,  A.  B.,  C.  D.  and  E.  F.,  are  held  and 
firmly  bound,  jointly  and  severally,  unto  the  Board  of  Education  of  the  Warsaw 

school  district,  in  the  penal  sum  of - dollar*,  for  the  payment  of  which 

we  bind  ourselves,  our  heirs,  executors  and  administrators  firmly  by  these  presents. 

In  witness  whereof  we  have  hereunto  set  our  hands  and  seals,  this - day 

of - ,  A.  D.  18 - . 


The  condition  of  the  above  obligation  is  such,  that  if  the  above  bounden  A.  B., 
Treasurer  of  the  Board  of  Education  of  the  Warsaw  school  district,  as  aforesaid, 
shall  faithfully  discharge  all  the  duties  of  said  orfice,  according  to  the  laws  which 
now  are  or  may  hereafter  be  in  force,  and  shall  deliver  to  his  successor  in  office  all 


56 


CITT  CHARTER, 


moneys,  books,  papers,  securities  and  property  in  bis  hands,  as  such  Treasurer, 
then  this  obligation  to  be  void,  otherwise  to  remain  in  full  force  and  effect. 

A.  B.  [seal.] 

C.  D.  [seal.] 

E.  F.  [seal.] 

Approved  and  accepted  by —  G.  H.  ] 

i.  J,  i 

K.  L.  [  Board. 

M.  N.  | 

O.  P.  J 

Sec.  18.  Said  Board  of  Education  shall  have  power  to  prescribe  the  mode  of 
beeping  the  Treasurers  books. 

Sec.  19.  The  Treasurer  of  said  Board  shall  loan  upon  the  following  conditions 
all  moneys  wilich  may  come  into  his  hands  by  virtue  of  his  office,  except  such  as 
may  be  subject  to  distribution.  The  rate  of  interest  shall  be  ten  per  cent.per  annum, pay¬ 
able  triennially  in  advance.  The  time  for  which  loans  shall  be  made  shall  not  be  les3 
t  ban  six  months  nor  more  than  five  years.  For  all  sums  not  exceeding  one  hundred  dol¬ 
lars.  loaned  for  not  more  than  one  year,  security  shall  be  given  by  mortgage  or  deed  of 
trust,  on  real  estate  unincumbered,  in  value  double  the  amount  loaned,  with  a  con¬ 
dition  that  in  case  additional  security  shall  at  any  time  be  required,  the  same  shall 
be  given  to  the  Board  of  Education  for  the  time  being.  Notes,  bonds,  mortgages, 
and  other  securities  taken  for  money  or  other  property  due  or  to  become  due  to  the 
Board  of  Education  for  the  Warsaw  school  district,  shall  be  payable  to  the  said 
Board,  by  their  corporate  name;  and  in  such  name  suits,  actions  and  complaints, 
and  every  description  of  legal  proceedings  may  be  had  for  the  recovery  of  money, 
the  breach  of  contracts,  and  for  every  legal  liability  which  may  at  any  time  arise 
or  exist  upon  which  a  right  of  aetion  shall  accrue  to  the  use  of  this  corporation. 
Provided,  however ,  that  the  principal  of  said  school  fund  may  be  invested  in  any 
bonds  issued  by  the  city  of  Warsaw,  when  the  interest  on  said  bonds  will  amount 
to  a  larger  sum  than  on  the  amount  of  said  principal  so  invented,  the  above  rate 
herein  provided,  whenever  the  said  Board  of  Education  shall  deem  it  to  be  for  the 
benefit  of  said  schools  so  to  invest,  and  all  such  bonds  of  said  city  so  purchased 
shall  be  deemed  to  be  owing  to  said  Board  of  Education,  who  may  enforce  the 
payment  of  the  principal  and  interest  upon  the  same  as  they  shall  severally  become 
due,  in  their  corporate  name,  although  said  bonds  may  by  their  terms  be  payable 
to  bearer  or  to  any  other  persons,  and  said  city  shall  be  compelled  to  pay  all  inter¬ 
est  and  the  principal  upon  said  bonds  to  said  Board  of  Education,  under  all  the 
penalties  and  liabilities  that  might  or  could  accrue  to  any  other  holder  of  said 
bonds;  and  'provided ,  also,  that  notes,  bonds,  mortgages  and  othei  securities  which 
are  payable  to  the  city  of  Warsaw,  for  the  use  of  the  Waisaw  school  district,  shall 
be  valid  to  all  intents  and  purposes;  and.  suit  may  be  brought  on  the  same  in  the 
name  of  the  Board  of  Education,  as  aforesaid.  The  wife  of  the  mortgager  (if  he 
has  one)  shall  join  in  the  mortgage  or  deed  of  trust  given  to  secure  the  payment  of 
the  money  loaned  by  virtue  of  the  provisions  of  this  act. 

Sec.  20.  Mortgages  or  deeds  of  trust  to  secure  the  payment  of  money  loaned 
under  the  provisions  of  this  act,  may  be  in  the  form  prescribed  by  the  58th  section 
of  f*  An  act  to  establish  and  maintain  a  system  of  free  schools,”  approved  Feb. By 
16,  1857,  which  mortgage  shall  be  acknowiedged  and  recorded  as  is  required  by 
law  l'or  other  conveyances  of  real  estate,  the  mortgager  paying  the  expenses  of  ac- 


SCHOOLS  AND  SCHOOL  FUND. 


57 


knowlpdgment  and  recording,  and  fifty  cents  as  a  fee  to  the  Treasurer  of  the  Board 
of  Education. 

Sec.  21.  Upon  the  breach  of  any  condition  or  stipulation  contained  in  said 
mortgage,  an  action  may  be  maintained  and  damages  recovered  as  upon  other  cov¬ 
enants  ;  and  the  same  may  be  foreclosed  in  equity ;  but  mortgages  made  in  any 
other  forms  to  secure  payment  as  aforesaid  shall  be  valued  as  if  no  form  had  been 
prescribed.  In  estimating  the  value  of  real  estate  mortgages  to  secure  the  payment 
of  money  bound  under  the  provisions  of  this  law,  the  value  of  improvements  liable 
to  be  destroyed  shall  not  be  included. 

Sec.  22.  In  all  cases  where  the  Board  of  Education  shall  require  additional 
security  for  the  payment  of  money  loaned,  and  such  security  shall  not  be  given, 
the  Treasurer  shall  cause  suit  to  be  instituted  for  the  recovery  of  the  same,  and  alt 
interest  thereon  to  the  date  of  judgment,  Provided ,  that  proof  be  made  of  the  said 
requisition.  In  the  payment  of  debts  by  executors  and  administrators,  those  due 
said  Board  of  Education  shall  have  a  preference  over  all  other  debts  except  funeral 
and  other  expenses  attending  the  last  sickness,  not  including  the  physician’s  bill. 
And  it  shall  be  the  duty  of  the  Treasurer  to  attend  at  the  office  of  the  Probate  Jus¬ 
tice,  upon  the  proper  day  as  other  creditors,  and  have  any  debts  due  as  aforesaid 
probated  and  classed  to  be  paid  as  aforesaid. 

Sec.  23.  If  default  be  made  upon  the  payment  of  interest  due  upon  money 
loaned  by  the  Treasurer,  or  in  the  payment  of  the  principal,  interest  at  the  rate  of 
fifteen  per  cent,  per  annum,  shall  be  charged  upon  the  principal  and  interest  from 
the  day  of  default ;  which  shall  be  included  in  the  assessment  of  damages,  or  in  the 
judgment  in  suit,  or  action  brought  upon  the  obligation  to  enforce  payment  thereof, 
and  interest  as  aforesaid  ,may  be  recovered  in  action  brought  to  recover  interest 
only,  with  said  fifteen  per  cent,  interest  upon  the  same  from  the  time  that  it  is  due. 
And  the  said  Treasurer  is  hereby  empowered  to  bring  appropriate  action  in  the 
corporate  name  of  said  Board  of  Education,  for  the  recovery  of  the  tri-  annual 
interest  when  due  and  unpaid,  without  suing  for  the  principal  in  whatever  form  se¬ 
cured,  and  Justices  of  the  Peace  shall  have  jurisdiction  in  such  cases  of  all  sums 
of  one  hundred  dollars  and  under. 

Sec.  24.  All  suits  brought  or  actions  instituted  under  the  provisions  of  this  act, 
may  be  brought  in  the  name  of  the  Board  of  Education  of  the  Warsaw  School  Dis¬ 
trict,  except  as  is  provided  for  action  qui  tarn  in  this  act.  The  Treasurer  of  the 
Board  of  Education  shall  demand,  receive  and  safely  keep,  according  to  law,  all 
l  oneys,  books  and  papers  of  every  description  belonging  to  the  school  fund.  He 
shall  keep  the  school  fund  loaned  at  interest;  and  if  on  the  first  Monday  of  October 
in  any  year,  there  shall  be  any  interest  or  other  funds  on  hand  which  shall  not  be 
required  for  distribution,  such  amount  not  required  as  aforesaid  may,  if  the  Board 
of  Education  see  proper,  forever  be  considered  as  principal  in  the  funds  to  which 
it  belongs,  and  loaned  as  such  or  expended  for  library  cr  apparatus. 

Sec.  25.  On  the  first  Mondays  of  April  and  October  of  every  year,  the  Treasu¬ 
rer  shall  lay  before  the  Board  of  Education  a  statement,  showing  the  amount  of 
interest,  rents,  issues  and  profits  that  have  accrued  or  become  due  since  their  last 
regular  half-yearly  meeting  on  all  the  property  of  said  Warsaw  School  District. 
He  shall  also  lay  before  the  said  Board  all  books,  notes,  bonds,  mortgages,  and  all 
other  evidence  of  indebtedness,  belonging  to  the  school  fund,  for  the  examination 

of  the  Board,  and  shall  make  such  other  statement  as  the  said  Board  may  require, 
touching  the  duties  of  his  office. 

Sec.  26.  For  any  failure  or  refusal  to  perform  all  the  duties  required  of  the 


58 


CITY  CHARTER. 


Treasurer  by  law,  he  shall  he  liable  to  the  Board  of  Education  upon  his  bond,  to 
be  recovered  by  an  action  of  debt  by  said  Board,  in  their  corporate  name,  for  the 
use  of  the  school  fund,  before  any  court  having  jurisdiction,  of  the  amount  of  dam¬ 
ages  claimed;  but  if  said  Treasurer  in  auy  such  failure  or  refusal,  acted  under  and 
in  conformity  to  a  requisition  or  order  of  said  Board  or  a  majority  of  them,  entered 
upon  their  journal  and  subscribed  Dy  their  President  and  Clerk,  then  and  in  that 
case  the  members  of  the  said  Board  aforesaid,  or  those  of  them  voting  for  said  re¬ 
quisition  or  order  as  aforesaid  and  not  the  Treasurer,  shall  be  liable  jointly  and  sev¬ 
erally  to  the  inhabitants  of  the  Warsaw  School  District,  to  be  recovered  by  action 
of  assumpsit  in  the  official  name  of  said  Board. 

Sec.  27.  When  a  Treasurer  shall  resign  or  be  removed  and  at  the  expiration  of 
his  term  of  office,  he  shall  pay  over  to  his  successor  in  office  all  money  on  hand, 
and  deliver  over  all  books,  notes,  bonds,  mortgages,  and  all  other  securities  for 
money,  and  all  papers  and  documents  of  every  description  in  which  this  Corpora¬ 
tion  may  have  any  interest  whatever ;  and  in  case  of  the  death  of  the  Treasurer, 
his  securities  and  legal  representatives  shall  be  bound  to  comply  with  the  require¬ 
ments  of  this  section.  He  shall  be  liable  to  a  penalty  of  not  less  than  one  nor  more 
than  one  hundred  dollars,  at  the  discretion  of  the  court  before  which  judgment  may 
be  obtained,  and  the  obtaining  or  payment  of  said  judgment  shall  in  no  wise  dis¬ 
charge  or  diminish  the  obligation  of  his  official  bond. 

Sec.  28.  No  part  of  the  principal  of  said  school  fund  shall  ever  be  distributed 
or  expended  for  any  purpose  whatever,  except  the  interest,  rents  and  profits  thereof? 
but  shall  be  loaned  out  and  held  to  use,  rent  or  profit  as  herein  heretofore,  or  may 
hereafter  be  provided  by  law. 

Sec.  29.  School  funds  collected  from  taxes  levied  by  the  City  Council,  or  from 
the  sale  of  real  property  belonging  to  the  Warsaw  School  District,  shall  be  paid 
out  on  the  order  of  the  Board.  And  all  moneys  and  school  funds  liable  to  distri¬ 
bution,  not  being  principal,  paid  into  the  treasury  or  coming  into  thp  hands  of  the 
Treasurer,  shall  be  paid  out  only  on  the  order  of  the  Board,  signed  by  the  Clerk 
and  countersigned  by  the  President,  and  for  all  payments  made,  receipts  shall  be 
taken  and  filed,  and  in  all  such  orders  shall  be  stated  the  purposes  for  which  or  on 
what  account  drawn.  And  all  such  orders,  together  with  the  receipts  of  the  person 
to  whom  paid,  shall  be  filed  in  the  office  of  the  Clerk. 

Sec  30.  All  salaries  at  any  time  due  to  any  officers  of  said  City  of  Warsaw, 
shall  be  paid  by  the  City  Council  in  ordinary  general  vouchers  at  par,  and  all  such 
officers  shall  receive  the  same  in  full  payment  of  all  such  salaries  and  services  due 
from  said  city,  unless  it  be  for  cash  paid  out  by  them. 

Sec.  31.  Said  Board  shall  hold  a  meeting  as  soon  a3  practicable  after  the  return 
of  the  books  of  the  City  Assessor,  annually,  and  shall  determine  by  estimate  as 
nearly  as  they  can,  the  entire  amount  of  money  necessary  to  be  expended  in  said 
district,  to  keep  in  good  condition  and  operation  a  sufficient  number  of  free  schools 
for  the  accommodation  of  all  the  children  in  said  district  during  the  ensuing  year, 
over  and  above  the  available  means  arising  from  the  school  fund  or  other  sources, 
and  also  such  additional  amount  as  the  Board  may  think  necessary  for  the  exclusive 
purpose  of  supplying  any  deficiency  in  the  fund,  for  the  payment  of  teachers  and 
for  the  purpose  of  extending  the  terms  of  schools,  after  the  State  or  common 
school  fund  shall  have  been  exhausted,  and  shall  certify  the  same  to  the  clerk  of 
the  City  Council,  to  be  by  him  laid  before  said  City  Council  as  soon  thereafter  as 
practicable,  and  the  City  Council  shall  cause  said  tax  to  be  levied  on  all  the  taxi- 


MISCELLANEOUS  PROVISIONS. 


59 


* 

ble  property  of  the  citizens  of  said  district  and  city  for  that  year,  and  cause  the 
same  to  be  collected  in  cash  as  other  special  taxes  are  collected,  and  at  the  same 
lime.  Provided,  the  same  shall  not  exceed  the  sum  of  one-eighth  of  one  per  cent, 
on  the  valuation. 

Sec.  32.  Any  person  or  persons  owning  land  or  residing  around  or  adjacent  to 
said  City,  within  two  miles  thereof,  may  with  his  or  their  consent  be  annexed  to 
said  Warsaw  School  District,  and  school  taxes  may  be  levied  and  collected  upon 
the  lands  and  property  of  such  persons  subject  to  taxation,  by  the  City  Collector, 
in  the  same  manner  as  school  taxes  within  said  district,  and  said  Warsaw  School 
District  shall  be  entitled  to  all  the  benefits  arising  from  such  annexation  as  is  pro¬ 
vided  by  the  general  school  law  of  this  state,  as  in  the  division  of  school  districts  ; 
and  upon  such  annexation,  said  Warsaw  School  District  shall  be  entitled  to  receive 
and  may  recover  of  the  Township  from  which  any  such  territory  may  be  taken,  a 
distributive  share  of  the  school  fund  of  said  Township,  in  proportion  to  the  num¬ 
ber  of  children  under  the  age  of  twenty-one  years,  so  annexed  be,  as  to  the  num¬ 
ber  remaining  in  said  Township,  and  also  to  receive  the  same  distributive  share  of 
the  State  school  fund  that  said  Township  would  have  received  on  account  of  said 
children,  provided  said  children  had  remained  therein,  Provided,  that  all  be  done 
in  accordance  with  and  nothing  in  conflict  with  the  school  law  of  the  state. 


ARTICLE  XII. 

MISCELLANEOUS  PROVISIONS. 

Section  1.  The  City  Council  shall,  at  least  ten  days  before  the  annual  election 
in  each  year,  cause  to  be  published  in  the  newspaper  publishing  the  ordinances  of 
the  city,  a  correct  and  full  statement  of  the  receipts  and  expenditures,  from  the 
date  of  the  last  annual  report,  together  with  the  sources  from  whence  the  former 
are  derived,  and  the  mode  of  disbursement,  and  also  a  distinct  statement  of  the 
whole  amount  assessed,  received  and  expended  in  the  respective  wards  and  divisions 
for  making  and  repairing  streets,  highways  and  bridges  for  the  same  period,  to¬ 
gether  with  such  information  as  may  be  necessary  to  a  full  understanding  of  the 
financial  concerns  of  the  city. 

Sec.  2.  The  inhabitants  of  the  City  of  Warsaw  are  hereby  'exempted  from 

working  upon  any  road  or  highway  beyond  the  limits  of  the  city,  and  from  paying 
the  tax  in  lieu  thereof  without  said  limits. 

Sec.  3.  The  Supervisor  shall  demand  the  services  of  all  persons  who  are  requi¬ 
red  to  labor  on  the  streets  and  alleys  of  the  city,  at  such  time  and  place,  and  in  such 
manner  as  the  City  Council  may  direct,  or  the  Supervisor  shall  deem  necessary. 
He  shall  deliver  or  cause  to  be  delivered  or  left  at  the  usual  place  of  abode  or  busi¬ 
ness,  of  any  person  so  required  to  labor  as  aforesaid,  a  written  or  printed  notice? 
or  partly  written  or  printed  notice,  in  such  form  as  the  City  Council  shall  prescribe, 
which  notice  shall  be  given  at  least  five  days  previous  to  the  first  day  on  which  he 
or  they  are  required  to  labor,  requiring  such  person  to  appear  at  such  time  and  place 
as  may  be  designated,  for  the  purpose  of  laboring  upon  the  streets  and  alleys.  But 
a  similar  notice,  published  for  ten  days  in  the  newspaper  publishing  the  ordinances 
of  the  city,  by  the  Supervisor,  or  posted  up  in  three  of  the  public  places  of  the 
ward  or  district,  shall  be  deemed  a  sufficient  notice  to  require  all  persons  to  appear 


60 


CITY  CHARTER. 


and  labor  as  aforesaid.  Upon  the  neglect  of  any  person  to  appear  and  labor  as 
aforesaid,  or  to  pay  the  tax  in  lieu  thereof,  the  Collector  shall  collect  from  each 
person,  in  the  same  manner  as  other  taxes,  the  sum  of  three  dollars,  with  his  com¬ 
mission  for  collecting  the  same  added  thereto;  or  the  same  may  be  recovered  by 
suit  with  costs,  as  in  other  cases. 

Sec.  4.  The  County  of  Hancock  shall  be  exempt  from  the  support  of  any  citi¬ 
zen  of  said  City  who  may  become  a  pauper  ;  but  the  City  Council  shall  provide  for 
the  support  and  care  of  all  paupers  belonging  to  the  said  City,  and  pass  such  ordi¬ 
nances  and  regulations  as  they  shall  deem  proper,  for  the  purposes  thereof.  In 
lieu  of  the  support  of  paupers,  as  aforesaid,  the  real  and  personal  property  of  the 
inhabitants  of  said  City  shall  be  exempt  from  all  tax  for  county  purposes. 

Sec.  5.  All  fines,  forfeitures  and  penalties  collected  for  offences  committed 
within  said  City,  shall  be  paid  into  the  treasury  of  said  City,  by  the  officers  collect¬ 
ing  the  same;  and  all  fines  and  forfeitures  collected  of  any  citizen  of  said  City  for 
any  conviction  in  the  Circuit  Court,  shall  be  paid  over  in  like  manner. 

Sec.  6.  The  City  Council  shall  have  power  to  cause  the  blocks  and  lots  of  the 
City  to  be  surveyed,  platted  and  numbered  in  consecutive  numbers,  from  one  up¬ 
wards  ;  and  to  designate  and  number  all  fractional  or  other  lots  or  blocks  in  such 
manner  as  they  may  prescribe  by  ordinance  ;  and  such  plat,  designation  or  number, 
when  made  and  duly  recorded,  shall  be  a  good  and  valid  description  of  said  blocks 
and  lots  ;  to  establish,  mark  and  declare  the  boundaries  and  names  of  streets  and 
alleys ;  to  require  all  additions  hereafter  made  to  said  City  or  all  lands  adjoining  or 
within  the  same,  laid  out  into  blocks  or  lots,  shall  be  so  laid  out  and  platted  as  to 
correspond  and  conform  to  the  regular  blocks,  streets  and  alleys  already  laid  out 
and  established  within  the  City. 

Sec.  7.  The  City  Council  shall,  in  all  expenditures  for  purposes  strictly  local, 
expend  annually  in  the  several  natural  divisions  of  the  City,  such  proportion,  as 
near  as  may  be,  of  the  whole  expenditures  for  like  purposes  during  the  same  period, 
as  will  correspond  to  the  several  sums  contributed  by  each  division,  to  the  general 
fund.  Street  taxes  shall  be  expended  in  the  several  wards  or  districts  where  the 
persons  paying  the  same  may  respectively  reside. 

Sec.  8.  The  Supervisor,  in  addition  to  the  penalties  prescribed  by  ordinance 
shall,  for  wilful  neglect  of  duty,  be  liable  to  indictment  and  fine  in  the  same  man¬ 
ner  as  Supervisors  under  the  laws  of  the  State. 

Sec.  9.  Neither  the  City  Council  or  Mayor  shall  remit  any  fine  or  penalty  im¬ 
posed  upon  any  person,  for  a  violation  of  any  laws  or  ordinances  of  said  City,  or 
release  from  confinement,  unless  two-thirds  of  all  the  Aldermen  elected  shall  vote 
for  such  release  or  remission ;  nor  shall  an)1  thing  in  this  act  be  so  construed  as  to 
oust  any  Court  of  jurisdiction  to  abate  and  remove  nuisances  within  its  jurisdiction 
by  indictment  or  otherwise. 

Sec.  10.  No  vote  of  the  City  Council  shall  be  reconsidered  or  rescinded  at  a 
special  meeting,  unless  the  meeting  be  called  in  whole  or  in  part  for  that  purpose, 
and  the  Aldermen  be  notified  ;  and  unless  at  such  special  meeting  there  be  present 
as  large  a  number  of  Aldermen  as  were  present  when  the  vote  was  taken. 

Sec.  11.  The  Cemetery  lots  which  may  be  laid  out  and  sold  by  the  City,  or 
private  persons  for  private  places  of  burial,  shall,  with  the  appurtenances,  forever 
be  exempt  from  execution  and  attachment. 

Sec.  12.  Every  ordinance,  regulation  and  by-law  imposing  any  penalty,  fine, 
imprisonment  or  forfeiture  for  a  violation  of  its  provisions,  shall,  after  the  passage 


miscellaneous  provisions. 


Cl 


thereof,  be  published  in  the  newspaper  publishing  the  ordinances  of  the  City;  and 
proof  of  such  publication  by  the  affidavit  of  the  printer  or  publisher  of  such  news¬ 
paper,  taken  before  any  officer  authorized  to  administer  oaths,  and  filed  with  the 
Clerk,  or  any  other  competent  proof  of  such  publication,  shall  be  conclusive  evi¬ 
dence  of  the  legal  publication  and  promulgation  of  such  ordinance,  regulation  or 
by-law,  in  all  Courts  and  places. 

Sf.c.  13.  All  actions  brought  to  recover  any  penalty  or  forfeiture  incurred  under 
this  act,  or  any  ordinance,  by-law  or  police  regulation  made  in  pursuance  thereof, 
shall  be  brought  in  the  corporate  name.  It  shall  be  lawful  to  declare  generally  in 
debt  for  such  penalty,  fine  or  forfeiture,  stating  the  clause  of  this  act,  or  the  by¬ 
law  or  ordinance  under  which  the  penalty  or  forfeiture  is  claimed,  and  to  give  the 
special  matter  in  evidence  under  it. 

Sec.  14.  In  all  prosecutions  for  any  violation  of  any  ordinance,  by-law  or 
other  regulation,  the  first  process  shall  be  a  summons,  unless  oath  or  affirmation  be 
made  for  a  warrant,  as  in  other  cases. 

Sec.  15.  The  City  Council  shall  have  power  to  designate  one  or  more  Justices 
of  the  Peace,  in  said  City,  who  shall  have  jurisdiction  in  any  action  for  the  recov¬ 
ery  of  any  fine,  penalty  or  forfeiture  under  this  act,  or  any  ordinance,  by-law,  or 
police  to  the  contrary  notwithstanding.  Such  Justice  shall  have  power  to  impose 
fines  and  penalties,  not  exceeding  the  amount  authorized  by  the  Constitution  of  the 
State.  There  shall  be  such  local  Court  of  civil  and  criminal  jurisdiction  as  are  or 
may  be  established  by  the  General  Assembly  in  the  cities  of  the  State,  in  accord¬ 
ance  with  the  Constitution  of  the  State.  Such  Court  shall  have  jurisdiction  over 
all  cases  arising  under  this  act,  or  any  ordinance  of  said  City  in  pursuance  thereof, 
and  such  other  civil  and  criminal  jurisdiction  as  may  be  provided  by  law. 

Sec.  16.  Execution  may  be  issued  immediately  on  rendition  of  judgment.  If 
the  defendant  has  no  goods  or  chattels  or  real  estate  within  the  county  of  Hancock, 
whereof  the  judgment  can  be  collected,  the  execution  shall  require  the  defendant 
to  be  confined  in  the  county  jail  or  workhouse  or  City  prison  for  a  term  not  exceed¬ 
ing  six  months,  in  the  discretion  of  the  Court  rendering  judgment ;  and  all  persons 
who  may  be  committed  under  this  section,  shall  be  confined  one  day  for  each  one 
dollar  of  such  judgment  and  costs.  All  expenses  incurred  in  any  prosecution  for 
the  recovery  of  any  fine,  penalty  or  forfeiture  when  collected  shall  be  paid  into 
the  City  Treasury. 

Sec.  17.  Any  person  who  shall  injure  or  destroy  any  bridge  or  any  public  build¬ 
ing  or  other  property  belonging  to  the  City,  or  shall  cause  or  procure  the  same  to 
be  injured  or  destroyed,  shall  be  subject  to  a  penalty  not  exceeding  five  hundred 
dollars  for  such  offence,  to  be  recovered  by  the  city  in  an  action  of  debt,  and  may 
be  imprisoned  not  exceeding  six  months  in  the  discretion  of  the  Court  before  whom 
such  conviction  may  be  had ;  and  such  person  shall  also  be  liable  in  a  civil  action 
at  the  suit  of  the  City,  for  the  damages  occasioned  by  such  injury  or  destruction. 

Sec.  18.  No  person  shall  be  an  incompetent  judge,  justice,  witness  or  juror,  by 
reason  of  his  being  an  inhabitant  or  freeholder  in  the  City  of  Warsaw,  in  any  ac¬ 
tion  or  proceeding  in  which  said  City  may  be  a  party  in  interest. 

Sec.  19.  All  ordinances,  regulations  and  resolutions  now  in  force  in  the  City  of 
Warsaw,  and  not  inconsistent  with  this  act,  shall  remain  in  force  under  this  act 
until  altered,  modified  or  repealed  by  the  City  Council,  after  this  act  shall  take 
effect. 

Sec.  20.  All  rights,  actions,  fines,  penalties  and  forfeitures,  in  suit  or  otherwise, 


CITY  CHARTER. 


which  have  accrued  under  the  several  acts  consolidated  herein,  shall  be  vested  in 
and  prosecuted  by  the  corporation  hereby  created. 

Sec.  21.  All  property,  real,  personal  or  mixed,  belonging  to  the  Citv  of  Warsaw, 
is  hereby  vested  in  the  Corporation  created  by  this  act,  and  the  officers  of  said 
Corporation  now  in  office  shall  respectively  continue  in  the  same  until  superseded, 
in  conformity  to  the  provisions  hereof;  but  shall  be  governed  by  this  act,  which 
nhall  take  effect  from  and  after  its  passage. 

Sec.  22.  All  ordinances  of  the  City,  when  printed  and  published  purporting  to 
be  by  authority  of  the  City  Council,  shall  be  received  in  all  Courts  and  places, 
without  further  proof. 

Sec.  23.  The  style  of  all  ordinances  shall  be  —  “  Be  it  Ordained  by  the  City 
Council  of  the  City  of  Warsaw.” 

Sec.  24.  Any  tract  of  land  adjoining  said  City  which  may  be  laid  off  into  blocks 
or  lots,  and  duly  platted  according  to  law,  and  any  tract  of  land  adjoining  the  City, 
with  the  consent  of  the  owner  thereof,  shall  and  may  be  annexed  to  said  City  and 
form  a  part  thereof. 

Sec.  25.  This  act  shall  not  invalidate  any  legal  act  done  by  the  City  Council  of 
the  City  of  Warsaw,  or  by  its  officers,  nor  divest  their  successors  under  this  act,  of 
any  rights  of  property  or  otherwise,  or  liability  which  may  have  accrued  to  or 
been  created  by  said  Corporation,  prior  to  the  passage  of  this  acl. 

Sec.  26.  All  officers  of  the  City  created  conservators  of  the  peace  by  this  act, 
or  authorized  by  any  ordinance,  shall  have  power  to  arrest  or  cause  to  be  arrested, 
with  or  without  process,  all  persons  who  shall  break  the  peace,  orthreatento  break 
Ihe  peace,  or  be  found  violating  any  ordinance  of  this  City,  commit  for  examina¬ 
tion,  and  if  necessary,  detain  such  person  in  custody  over  night  or  the  Sabbath,  in 
the  watch  house  or  other  safe  place,  or  until  they  can  be  brought  before  a  magis¬ 
trate  ;  and  shall  have  and  exercise  such  other  powers  as  conservators  of  the  peace, 
as  the  City  Council  may  prescribe. 

Sec.  27.  Nothing  in  this  act  contained  shall  be  so  construed  as  to  deprive  the 
City  Council  of  said  City  of  any  powers  or  authority  conferred  upon  the  same,  by 
the  act  incorporating  said  City,  and  the  various  acts  amendatory  thereto  ;  but  the 
City  Council  shall  possess  and  enjoy  all  the  powers  and  authority  heretofore  con¬ 
ferred  upon  the  same,  except  so  far  as  such  powTers  and  authority  are  expressly 
modified  or  repealed  by  this  act  or  the  acts  heretofore  mentioned ;  and  the  City 
officers  shall  be  elected  and  appointed  in  the  same  manner  under  the  provisions  of 
this  act,  as  they  were  under  the  original  act  of  incorporation  of  said  City,  except 
the  City  Marshal,  who  shall  be  elected  at  the  same  time  of  the  Mayor,  annually, 
by  the  qualified  voters  of  said  city. 

Sec.  28.  The  City  Clerk  is  hereby  authorized  and  empowered  to  administer  any 
and  all  oaths,  authorized  to  be  taken  or  administered  by  or  under  the  provisions  of 
this  act. 

Sec.  29.  This  act  shall  be  deemed  a  public  act,  and  may  be  lead  in  evidence 
without  proof,  and  judicial  notice  shall  be  taken  thereof  in  all  Courts  and  places. 

Approved,  Ftb.  14,  1859. 


2rL  E  V  1  S  E  X> 

0  It  D  I  N  A  N  C  E  S 


OF  THE 


CITY 


WARSAW 


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o 


REVISED  0  R  D I N A  N  C  E  S  . 


An  Ordinance  in  relation  to  the  Revised  Ordinances  of  the  City. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Warsaw,  That  the  following  shall  constitute  and  he  denominated  the  “  Revised  Or¬ 
dinances  of  the  City  of  Warsaw,”  and  shall  be  published  in  book  form,  properh 
arranged  and  divided  into  chapters,  divisions  and  sections  or  clauses,  with  a  table  of 
contents  and  property  indexed  ;  and  when  so  published,  with  the  certificate  of  the 
Mayor  and  City  Clerk  under  the  ebrporate  seal  of  the  authenticity  of  the  same,  shall 
be  in  force,  and  shall  be  received  in  all  courts  and  places  without  further  proof. 

All  public  or  general  ordinances,  or  parts  thereof,  not  included  herein,  shall  he 
repealed  so  far  as  they  may  conflict  with  the  provisions  hereof:  but  no  fine,  forfeit¬ 
ure,  penalty,  right,  action,  suit,  debt  or  other  liability  whatsoever,  created,  institut  ed, 
incurred  or  accrued  by  or  under  the  same,  shall  be  released,  discharged,  annulled, 
repealed,  or  iu  any  wise  affected,  but  may  be  prosecuted,  recovered  or  enjoyed,  or 
any  suit  or  other  proceeding  be  commenced  or  completed  thereon,  as  fully  and  iu 
the  same  manner  in  all  respects  as  if  such  ordinance  or  part  thereof  had  remained 

in  full  force. 

Passed,  July  26,  1859. 


i 


5 


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86 


ORKINAKCES. 


CHAPTER  I  . 

ACCOUNTS. 

An  Ordinance  in  relation  to  Accounts. 

Section-.  1.  No  account  or  claim  against  the  City  of  Warsaw,  except  for  the  sal¬ 
aries  of  city  officers,  or  for  the  payment  of  a  special  contract  made  by  the  City 
Council,  or  by  some  officer  of  the  city  authorized  by  the  City  Council  or  by  ordinance 
to  make  the  same  ;  or  for  the  paj^ment  of  the  fee  bills  of  officers  of  courts,  shall  be 
considered,  audited  or  allowed,  or  any  warrant  issued  for  the  payment  thereof,  unless 
the  person  jiresenting  the  same,  or  some  other  credible  person  for  him,  shall  make 
oath  before  the  Mayor  or  City  Clerk,  upon  the  presentation  or  filing  of  such  claim 
or  account,  “  that  it  is  true,  just,  correct  and  reasonable  :  ”  and  no  claim  or  account 
against  the  city,  upon  any  contract  made  or  incurred  by  any  officer  by  authority  of 
the  City  Council,  or  of  any  ordinance,  shall  be  considered,  audited  or  allowed,  or 
any  warrant  issued  for  the  payment  thereof,  unless  accompanied  with  the  certificate 
of  the  officer  by  whom  or  under  whose  authority  the  same  was  incurred  or  contracted, 
stating  “that  he  has  examined  such  account  or  claim,  and  verily  believes  that  it  is 
true,  just,  correct  and  reasonable,  and  in  accordance  with  the  contract.” 

Passed,  June  20,  1859. 


CHAPTER  II. 

ADDITIONS. 

An  Ordinance  in  relation  to  Additions „ 

.  i 

Section  1.  Any  addition  which  may  be  made  to  the  city,  or  any  lands  adjoining 
or  within  the  same  which  may  be  laid  out  into  lots  or  blocks,  shall  be  so  laid  out, 
surveyed  and  platted,  as  that  the  blocks  or  other  subdivisions  shall  conform  to  the 
regular  blocks  of  the  original  town  plat,  or  with  the  regular  blocks  of  the  addition 
af joining  such  land  or  addition  proposed  to  be  laid  out,  and  the  streets  and  alleys 
shall  correspond  with,  and  conform  to  the  previously  established  streets  and  alleys 
with  which  they  may  connect,  and  continue  the  same. 

Sec.  2.  Any  surveyor  or  other  person,  who  shall  survey  or  plat  any  addition  to 
the  city,  or  any  lands  adjoining  or  within  the  same  into  blocks  or  other  sub-divisions 
with  the  streets,  alleys  or  blocks  laid  out  contrary  to  the  preceding  section,  or  any 
owner  of  any  such  lands  or  addition,  or  agent  of  such  owner  causing  the  same  to  be 
doue,  shall  he  subject  to  a  penalty  of  not  less  than  one  hundred  dollars,  and  such 
owner  or  his  agent  shall  be  subject  to  an  additional  penalty  of  not  less  than  fifty 
dollars  for  each  lot  sold  by  him. 

Sec.  3.  When  any  person  may  wish  to  lay  out  or  plat  any  addition  of  lands  ad¬ 
joining  or  within  the  city  in  any  other  manuer  than  is  herein  prescribed,  he  may 


AWNINGS. 


G7 


apply  to  the  City  Council,  designating  the  manner  in  which  he  proposes  to  lay  out 
and  plat  such  addition  or  lands,  and  upon  the  approval  thereof  by  the  City  Council, 
such  lands  or  addition  may  be  so  laid  out  and  platted,  and  shall  not  be  deemed  a 
violation  hereof. 

Passed  June  20,  1859. 


CHAPTER  III. 

APPROPRIATIONS 
An  Ordinance  in  relation  to  Appropriations. 

Section.  1.  The  City  Council  shall  as  soon  as  it  is  practicable  after  the  com¬ 
mencement  of  each  fiscal  year,  and  before  the  first  Monday  of  August,  annually, 
pass  an  ordinance  making  appropriations  for  the  general  and  contingent  expenses  of 
the  city  government  during  the  ensuing  fiscal  year,  and  for  the  payment  of  the 
debt  of  the  city  and  the  interest  thereon  falling  due  during  the  year.  The  appro¬ 
priations  for  street  improvements  and  other  local  purposes  in  each  of  the  wards  of 
the  city,  shall  be  proportioned  among  the  several  wards  according  as  near  as  may 
be  to  the  amount  of  taxes  collected  in  such  ward  for  general  purposes.  But  the 
total  appropriations  made  by  the  City  Council  during  any  fiscal  year,  shall  not  ex¬ 
ceed  the  whole  amount  of  the  ordinary  revenue  of  the  city  for  the  year  immediate¬ 
ly  preceding. 

Sec.  2.  No  contract  shall  be  entered  into,  or  public  work  ordered  by  the  City 
Council,  requiring  an  appropriation  of  money  for  the  payment  or  completion 
thereof,  or  any  appropriation  of  money  be  made  for  any  purpose,  unless  a  majority 
of  all  the  members  elected,  upon  the  call  of  the  “yeas”  and  “nays,”  shall  vote 
for  the  same. 

Sec.  3.  When  any  appropriation  to  any  specific  fund  shall  be  exhausted,  the 
City  Clerk  shall  without  delay  notify  the  City  Council  thereof,  and  he  shall  not 
thereafter  draw  any  warrant  against  such  fund  until  the  further  orders  of  the  City 
Council  ;  nor  shall  the  City  Council  thereafter  make  any  further  appropriation 
payable  out  of  such  fund. 

Passed,  June  20,  1859. 


CHAPTER  IV. 

AWNINGS. 

An  Ordinance  in  relation  to  Awnings. 

Section  1.  All  awnings  over  any  sidewalk  in  the  city,  shall  be  securely  con¬ 
structed,  and  shall  be  elevated  at  least  eight  feet  at  the  lowest  part  above  the  side¬ 
walk,  and  shall  not  project  over  the  sidewalk  to  exceed  three-fourths  of  the  width 
; hereof;  they  shall  he  securely  supported  by  iron  brackets,  or  by  an  iron  frame 


63 


ORDINANCES. 


work  firmly  attached  to  tile  building,  so  as  to  leave  the  sidewalk  wholly  unobstruct¬ 
ed  ;  any  awning  already  erected  in  a  different  manner  than  is  herein  prescribed, 
shall  not  be  repaired  under  a  penalty  of  not  less  than  ten  dollars ;  and  the  Mayor 
or  the  City  Council,  may  order  and  require  such  awning  to  be  removed,  or  to  be 
made  to  conform  to  the  requirements  hereof,  upon  ten  days’  notice  being  given  there¬ 
of,  by  the  Marshal  or  Supervisor. 

Sec.  2.  Whoever  shall  erect  or  cause  to  be  erected  any  awning,  contrary  to  the 
requirements  hereof,  or  shall  suffer  or  permit  any  awning  in  front  of  any  premises 
owned  or  occupied  by  him  to  be  in  such  condition  as  to  be  insecure,  or  dangerous  to 
the  safety  of  persons  passing  under  the  same,  shall  be  subject  to  a  penalty  of  not 
less  than  five  dollars. 

Sec.  3.  Whoever  shall  not  remove  any  awnirg  or  awning  posts  already  erected 
contrary  to  the  requirements  hereof,  or  shall  not  make  any  such  awning  to  conform 
to  the  requirements  hereof,  within  ten  days  after  notice  by  the  Marshal  or  Supervi¬ 
sor,  in  pursuance  of  the  order  of  the  Mayor  or  of  the  City  Council,  shall  be  subject 
to  a  penalty  of  not  less  than  five  dollars,  and  to  an  additional  penalty  of  not  less 
than  one  dollar,  for  each  day  such  awning  shall  remain  after  the  expiration  of  such 
notice. 

Sec.  4.  Any  awning  which  may  he  constructed  contrary  to  the  provisions  here¬ 
of,  or  which  shall  not  be  removed  or  be  made  to  conform  to  the  requirements 
hereof  after  ten  days’  notice  as  herein  required,  or  which  shall  be  in  such  a  condi¬ 
tion  as  to  be  insecure,  or  dangerous  to  persons  passing  under  the  same,  is  hereby 
declared  a  nuisance ;  and  the  Supervisor,  Marshal  or  any  police  constable,  shall  re¬ 
move  or  cause  to  be  removed,  and  the  costs  of  such  removal  may  be  collected  of 
the  owner  of  such  awning,  or  person  using  the  same,  or  causing  it  to  be  erected, 
and  recovered  by  suit  in  the  name  of  the  city  before  any  court  having  jurisdiction. 

Passed,  Juns  20,  1859. 


CHAPTER  Y. 

BRICKS. 

An  Ordinance  relating  to  the  size  of  Bricks. 

Section  1.  That  all  merchantable  bricks  hereafter  made  to  be  sold  within  the 
City  of  Warsaw,  in  the  ordinary  course  of  manufacture  and  sale,  and  to  be  used 
therein,  shall  be  eight  and  a  half  inches  long,  four  and  a  fourth  inches  wide,  and 
two  and  a  fourth  inches  thick  when  moulded ;  and  every  person  who  shall  manu¬ 
facture  or  shall  sell  as  aforesaid,  any  bricks  of  less  dimensions  than  aforesaid,  shali 
forfeit  and  pay  to  the  City,  for  each  offense,  not  les9  than  one,  nor  more  than  one 
hundred  dollars. 

Passed,  June  20,  1859. 


CENSUS. 


69 


CHAPTER  VI. 

BURYING  GROUNDS. 

An  Ordinance  relating  to  Burying  Grounds. 

Skctiox  1.  Any  Cemetery  or  Burying  Grounds  which  may  hereafter  he  estab¬ 
lished  within  two  miles  from  the  intersection  of  Main  and  Sixth  street,  is  heieby 
declared  a  nuisance;  nor  shall  any  person  bury  any  human  body  in  any  Burying 
Ground  or  Cemetery',  which  may  be  hereafter  located  within  said  limits,  under  a 
penalty  of  not  less  than  ten  dollars,  for  each  body  which  may  be  so  interred  in 
such  Cemetery  or  Burying  Ground. 

Passed,  June  20,  1859. 


CHAPTER  Vli. 

CEMETERIES. 

An  Ordinance  relating  to  Cemeteries. 

Section  1.  That  any  person  who  shall  breakdown,  deface,  hack,  or  in  any 
manner  injure  the  fence  or  enclosure  of  any  Cemetery  within  the  city  limits  of  the 
City  of  Warsaw,  or  who  shall  tear  down,  deface,  or  in  any  manner  injure  any  lot, 
enclosure,  tomb  stone,  material  erected  at  any  grave,  or  any  shrub-bush,  flowers, 
or  other  thing  or  ornament  within  each  Cemetery,  or  who  shall  cut,  hack  or  deface 
any  tree  or  shrub,  post,  or  in  any  manner  injure  the  same,  or  any  other  thing  of, 
standing  on,  or  being  within  such  Cemetery',  or  who  shall  in  any  manner  injure  the 
grass,  herbage,  streets,  walks,  ornaments,  or  other  thing  or  such  Cemetery,  whether 
belonging  to  the  city,  or  private  property,  or  who  shall  leave  open  any  gate  of  the 
enclosure  of  the  same,  or  of  any  private  burial  place  therein,  the  same  being  done 
wilfully,  negligently,  or  carelessly,  or  who  shall  therein  engage  in  any  sports  or 
amusements,  or  who  shall  turn  any  beasts  or  animals  therein,  or  who  shall  therein 
congregate  for  sports,  playa  or  amusements,  or  who  shall  therein  conduct  in  a 
boisterous,  rude  or  indecent  manner,  or  ill-treat  any  person  therein,  or  therein  use 
profane  or  indecent  language,  or  in  any  manner  disturb  therein  any  burial  party', 
or  individual  there  being  for  lawful  purpose,  shall  forfeit  and  pay  to  the  City  of 
Warsaw  for  every  such  otfience,  a  sum  not  less  than  one,  nor  more  than  one  hun¬ 
dred  dollars. 

Any  person  giving  information  against  individuals  violating  this  ordinance,  shall 
on  conviction  of  the  person  informed  against,  be  entitled  to  and  receive  one  half  of 
ine  penalty  assessed  and  collected. 

Passed,  June  20,  1859. 


CHAPTER  VIII., 

CENSUS. 

An  Ordinance  providing  for  the  Census  of  the  City . 

Section  1.  The  City  Marshal  shall,  before  the  first  day  of  October,  preceding 


*70 


ORDINANCES 


each  regular  session  of  the  Illinois  Legislature,  make  out  an  enumeration  of  the 
inhabitants  of  the  City,  and  return  the  same,  duly  certified,  on  or  before  said  day, 
into  the  office  of  the  City^  Clerk. 

Sec.  2,  The  census  shall  be  taken  in  each  ward  separately,  in  a  suitable  book 
or  books  properly  ruled  and  headed,  and  shall  show  separately  the  number  of  males 
and  females  under  five  years  of  age;  the  number  over  five  and  under  twenty-one  ; 
the  number  over  twenty-one  and  under  fifty  ;  and  the  number  over  fifty  ;  the  block 
on  which  they  reside,  and  the  number  of  negroes  or  mulattoes,  and  persons  of  for¬ 
eign  birth.  The  census  shall  also  show  the  number  of  buildings  in  each  block, 
exclusive  of  out-buildings,  and  the  number  not  situated  on  blocks,  and  the  materi¬ 
als  of  such  buildings  ;  the  number  of  manufactories  and  business  houses  of  all 
kinds;  thp  amount  of  capital  invested  in  each,  the  amount  of  business  done  annu¬ 
ally,  and  the  number  of  persons  or  employees  employed  or  engaged  therein ;  the 
numbei  of  school  houses,  colleges,  churches,  and  other  public  buildings,  and  the 

estimated  value  of  each  ;  and  such  other  statistics  and  information  as  the  City  Coun¬ 
cil  may  direct. 

Sec.  3.  The  Marshal  shall  call  at  each  dwelling,  manufactory,  or  place  of  busi¬ 
ness,  and  enquire  of  the  head  or  some  member  thereof,  or  person  connected  there¬ 
with,  who  can  inform  him,  and  ascertain  the  facts  herein  required;  but  if  no  such 
person  ean  be  found  he  shall  list  them  from  the  best  information  he  can  obtain. 
He  shall  register  the  names  of  all  heads  of  families  and  of  all  persons  not  belong¬ 
ing  to  any  family  ;  and  under  the  head  of  the  family,  all  persons  residing  therein, 
whether  as  boarders  or  otherwise,  so  that  they  he  residents  of  the  city,  shall  be 
enumerated.  He  shall  register  in  a  separa'e  column,  the  names  of  all  male  persons 
of  twenty-one  years  of  age  and  upwards,  in  each  ward,  making  the  letter  k'ec-,J  op¬ 
posite  the  names  of  colored  persons. 

Sec.  4.  Each  column  shall  be  added  up  and /the  amount  carried  forward,  so  as 
to  show  the  total  number  or  amoupt  of  each  class,  and  the  totals  of  each  class  shall 
be  added  up  so  as  to  show  the  totals  of  all  classes. 

Sec.  5.  Any  person  who  shall  when  requested,  refuse  to  give  to  the  Marshal, 
while  he  may  be  engaged  in  taking  the  census,  any  information  within  his  knowl¬ 
edge  in  relation  to  any  of  the  facts  herein  required,  or  shall  knowingly  give  any 
false  information  thereto,  shall  be  subject  to  a  penalty  of  five  dollars. 

Passed,  June  20,  1859. 


CHAPTER  IX. 

DOGS. 

An  Ordinance  in  relation  to  Dogs. 

Section  1.  No  dog  or  bitch  shall  run  at  large  in  the  city,  unless  the  owner  or 
keeper  thereof  shall  place  and  keep  upon  the  neck  of  such  dog  or  bitch,  a  substan¬ 
tial  metallic  or  leather  collar  with  a  metallic  plate  affixed  thereto,  upon  which  the 
name  of  the  owner  shall  be  legibly  inscribed,  under  a  penalty  of  not  less  than  three 
dollars. 

Sec.  2.  The  owner  or  keeper  of  any  dog  or  bitch,  shall  without  delay  after 


DOGS. 


Vl 


the  due  publication  hereof,  or  as  soon  as  any  dog  or  bitch  shall  come  into  his  pos¬ 
session,  and  annually  thereafter  before  the  first  day  of  June  in  each  year,  give  his 
name,  with  the  name  and  description  of  his  dog  or  bitch  to  the  City  Marshal,  who 
shall  register  the  same  in  a  suitable  book  kept  for  that  purpose,  and  shall  stamp 
upon  or  affix  to  the  collar  of  the  dog  or  birch  thus  registered,  the  letter  lCR,,J  and 
the  year  of  the  registry;  and  he  maj*  charge  and  receive  a  fee  of  twenty-five  cents 
for  each  dog  or  bitch  registered  by  him ;  but  he  shall  not  be  entitled  to  any  fee  for 
registering  any  dog  or  bitch,  registered  after  the  first  day  of  January  in  each  year. 
Whoever  shall  not  comply  with  the  requirements  of  this  section,  shall  be  subject  to 
a  penalty  of  not  less  than  three  dollars. 

Sec.  3.  When  danger  of  hydrophobia  may  be  deemed  to  exist  in  or  near  the 
city,  the  Mayor  or  City  Council  may,  by  proclamation,  or  by  notice  in  the  daily 
newspapers  in  trie  city,  or  by  prirted  handbills,  require  all  persons  to  confine  all 
dogs  and  bitches,  or  securely  muzzle  them  with  a  wire  muzzle,  for  such  time  as 
may  be  designated  in  such  proclamation  or  notice,  orunt.il  otherwise  ordered ;  all 
dogs  or  bitches  found  running  at  large  in  the  city,  contrary  to  the  provisions  of  this 
section,  whether  owned  or  kept  within  or  without  the  city,  shall  be  destroyed  by 
the  City  Marshal  ur  any  Police  Constable,  and  the  owner  or  keeper  of  any  such 
dog  or  bitch,  who  shall  knowingly  permit  the  same  to  run  at  large,  contrary  to  the 
provisions  of  this  section,  shall  be  subject  to  a  penalty  of  not  less  than  five, 
dollars. 

Sec.  4.  Tim  Marshal  and  Police  Constable  shall  prosecute  the  owner  or  keeper 
of  any  dog  or  bitch,  permitting  the  same  to  run  at  large  contrary  to  the  require¬ 
ments  hereof,  and  shall  kill  or  destroy  all  dogs  or  bitches  found  running  at  large 
and  not  registered  and  collared  as  is  herein  required,  and  for  which  no  owner  or 
keeper  can  be  found  upon  reasonable  inquiry  ;  but  the  provisions  hereof,  except  the 
third  and  fifth  sections,  shall  not  apply  to  any  dog  or  bitch  bi ought  into  the  city  by 
any  person  not  a  resident  thereof,  until  such  dog  or  bitch  shall  have  been  in  the  city 
for  three  days. 

Sec.  5.  Any  bitch  running  at  large  while  in  heat,  is  hereby  declared  a  nuisance, 
and  the  owner  or  keeper  of  such  bitch,  so  permitting  the  same  to  run  at  large  while 
in  heat,  shall  be  subject  to  a  penalty  of  not  less  than  five  dollars,  and  the  Marshal 
or  any  Police  Constable  shall  destroy  such  bitch. 

Sec.  6.  The  City  Marshal  and  Police  Constables,  shall  receive  fifty  cents  for 
each  dog  or  bitch  destroyed  by  them,  and  removed  beyond  the  city,  to  be  collected 
or  recovered  of  the  owner  or  keeper  of  such  dog  or  bitch,  if  known,  and  if  not,  to 
be  reported  to  the  City  Council  upon  oath  for  allowance,  and  payment  from  the 
city  treasur3r. 

Sec.  7.  The  City  Marshal  or  any  Police  Constable  mav  with  the  concurrence 
of  the  Mayor,  employ  at  his  own  cost,  and  on  his  own  responsabiliiy,  such  assist¬ 
ants  as  may  be  necessary  to  aid  in  the  execution  of  the  requirements  hereof,  and 
they  may  adopt  any  mode  that  may  be  deemed  best  to  accomplish  the  destruction  of 
dogs  and  bitches,  and  shall,  without  delay,  cause  ail  dead  dogs  and  bitches  to  be 
removed  beyoi  d  the  city,  so  as  not  to  be  or  become  a  nuisance  to  any  bodv. 

Sec.  8.  The  City  Marshal  and  Police  Constables  shall,  from  time  to  time  or 
when  required  by  the  City  Council,  report  the  number  of  dogs  registered,  the 
amount  of  fines  collected,  and  the  number  of  dogs  killed  under  the  provisions 
hereof. 

_  t  * '  »  '  « 

Sec.  9.  Whoever  shall  hinder,  delay,  resist,  or  obstruct  any  officer  or  his  assist- 


ORDINANCES. 


ants,  in  the  execution  of  any  duty  herein  required,  or  shall  aid  or  abet  the  same* 
shall  be  subject  to  a  penalty  of  not  less  than  five  dollars. 

Sf.c..  10.  Any  officer,  assistant,  or  other  person  who  shall  destroy  any  dog  or 
bitch  collared  and  registered  or  muzzled  as  is  herein  required,  or  shall  bring,  or 
entice,  or  cause  to  be  brought  or  enticed,  any  dog  or  bitch  into  the  city  for  the 
purpose  of  destroying  the  same,  or  shall  entice  any  dog  or  bitch  out  of  the  premi¬ 
ses  of  the  owner  or  keeper  thereof  for  such  purpose,  or  shall  molest  or  seize  any 
dog  or  bitch  while  being  led  or  held  by  any  person  ;  or  shall  remove  the  muzzle  or 
collar  from  any  dog  or  bitch,  or  shall  throw  or  place  or  cause  to  be  thrown  or  placed 
any  poisonous  meat  or  other  poisonous  substance,  into  any  private  enclosed  prem¬ 
ises,  shall  be  subject  to  a  penalty  of  not  less  thru  ten  dollars  in  each  case. 

Sec.  11.  Any  owner  or  keeper  of  a  fierce  or  dangerous  dog  or  bitch,  who  shall 
knoivingly  permit  the  same  to  go  at  large  to  the  danger,  annoyance  or  damage  of 
any  person  within  the  city,  shall  be  subject  to  a  penalty  of  not  less  than  five  dol¬ 
lars  for  the  first  offence,  and  not  less  than  ten  dollars  for  the  second  offence  ;  and 
upon  a  second  conviction,  the  Marshal  or  any  Police  Constable  shall  cause  such 
dog  or  bitch  to  be  destroved. 

Passed,  June  20,  1859. 


CHAPTER  X . 

ELECTIONS. 

Jin  Ordinance  in  relation  to  Elections, 

1  j 

Section  1.  A  general  election  for  all  elective  city  officers,  shall  be  held  in  each 
ward  of  the  City,  on  the  first  Tuesday  of  April  in  each  year,  at  such  place  as  may 
be  designated  by  the  City  Council.  The  City  Clerk  shall  give' at  least  six  days7 
notice  of  any  election,  by  posting  up  written  or  printed  notices  thereof,  in  at  least 
three  of  the  most  public  places  of  the  ward,  or  by  publishing  for  six  days  at  least 
an  advertisement  in  the  newspaper  publishing  the  ordinances  of  the  city,  stating 
the  time  and  place  of  holding  the  election,  and  the  officers  to  be  elected.  Special 
elections  shall  be  held  and  conducted  and  notice  thereof  given  in  the  same  manner 
as  general  elections. 

Sec.  2.  The  City  Council  shall  annually,  at  least  eight  days  before  the  charter 
election,  appoint  by  ballot  in  each  ward,  three  legal  voters  thereof,  to  act  as  judges 
of  election  for  the  year  for  which  they  are  appointed,  or  during  the  pleasure  of  the 
City  Council.  The  City  Clerk  shall  without  delay  after  such  appointment,  make 
out  and  deliver  to  the  Marshal  a  certificate  of  appointment  under  the  corporate 
seal,  to  each  of  the  persons  appointed  judges ;  and  the  Marshal  shall  deliver  such 
certificate  to  each  person  appointed,  within  three  days  after  their  appointment. 
The  City  Council  may,  at  the  time  of  appointing  the  judges  of  elections,  appoint 
from  the  legal  voters  of  the  ward,  an  alternate  in  the  place  of  each  of  the  persons 
appointed  as  judges;  and  such  alternates  may  serve  as  judges  in  case  of  neglect  or 
refusal  of  any  of  the  persons  appointed  as  judges  to  act ;  and  they  shall  be  notified 
of  their  appointment  as  alternates  in  like  manner  as  the  judges. 

Sec.  3.  If  any  judge  of  election  shall  refuse  to  actor  shall  not  attend  at 


ELECTIONS. 


V3 


time  affixed  for  the  opening  of  the  polls,  the  vacancy  shall  be  filled  by  the  alter¬ 
nate;  or  if  no  alternate  shall  attend,  by  a  legal  voter  of  the  ward  to  be  chosen  by 
the  majority  of  judges  or  alternates  in  attendance.  If  no  majority  of  judges  or 
alternates  shall  attend,  a  majority  of  the  legal  voters  of  the  ward  in  attendance, 
may  choose  the  requisite  number  of  judges  in  like  manner.  But  all  the  judges  shall 
not  in  any  case  be  chosen  from  the  same  political  party,  unless  the  persons  who 
may  be  the  first  so  chosen  or  appointed,  shall  neglect  or  refuse  to  serve. 

Sec.  4.  The  Judges  shall  choose  two  legal  voters  of  the  ward  to  act  as  Clerks 
of  elections,  who  shall  be  Clerks  of  elections  during  the  pleasure  of  the  Judges. 
But  no  person  holding  any  office  under  the  United  States,*  the  State  or  the  City, 
or  candidate  for  any  State  or  City  office,  shall  be  a  Judge  or  Clerk  of  any  city 
election. 

Sec.  5.  The  Judges  and  Clerks  shall  severally  before  opening  the  polls  or  re¬ 
ceiving  any  votes,  take  and  subscribe  an  oath  or  affirmation,  which  shall  be  affixed 
to  the  poll  list,  and  may  be  in  the  following  form — to  wit: 

We  do  solemnly  swear  (or  affirm),  that  we  will  perform  the  duties  of  judges 
and  clerks  of  this  election  according  to  law  and  to  the  best  of  our  abilities,  and 
that,  we  will  studiously  endeavor  to  prevent  fraud,  deceit  and  abuse,  in  conducting 
this  election. 


Signed, 


j  *  £  ’  |  Clerks. 


A.  B,,  ) 

C.  D.,  /  Judges. 
E.  F.,  <> 


Sworn  to  and  subscribed  before  me  at  Warsaw,  this  - - day  of  — - . 

A.  D.,  185 — . 

P.  B.,  City  Clerk  or  J.  P. 

If  no  officer  authorized  to  administer  oaths  shall  be  present  at  the  opening  of  the 
polls,  any  judge  may  administer  the  oath  to  the  other  judges,  and  to  the  clerks,  and 
one  of  the  judges  so  sworn,  may  administer  the  oath  to  him.  The  oath  when  thus 
administered  shall  be  certified  by  the  judge  administering  the  same.  No  returns 
shall  be  invalid  or  rejected,  for  any  defect  in  the  manner  of  administering  or  certify¬ 
ing  the  oath. 

Sec.  G.  If  any  judge  or  clerk  after  entering  upon  his  duties,  shall,  by  sickness 
or  other  disability,  be  unable  to  continue  to  act,  another  may  be  appointed  in  his 
place  by  the  judges.  In  such  case  the  person  substituted  shall  lake  and  subscribe 
The  oath  as  hereinbefore  required,  and  the  substitution  and  the  time  thereof  shall  be 
noted  on  the  poll  lists. 

Sec.  7.  At  all  elections  the  polls  shall  be  opened  at  eight  o’clock,  A.  M.,  or  as 
soon  thereafter  as  the  judges  and  clerks  shall  be  qualified,  and  shall  be  kept  open 
until  six  o’clock,  P.  M.,  except  that  the  judges  may  adjourn  one  hour  foi  dinner.. 
When  opened,  proclamation  shall  be  made  ‘’that  the  polls  are  now  open.” 

Sec.  8.  A  ballot  box  with  a  lock  and  key,  and  an  aperture  in  the  top  thereof 


*“Nor  shall  any  person  holding  an  office  of  honor  or  profit  under  the  government 
of  the  United  States,  hold  any  office  of  honor  or  profit  under  the  authority  of  the 
state.” — State  Constitution,  Art.  Ill,  Sec.  29.  See  People  vs.  Dickson,  17  Ills. 
Kep.  191. 


1 4 


ORDINANCES. 


not  larger  than  will  admit  a  single  folded  ballot,  shall  be  provided  for  the  use  of  the 
judges  of  each  ward  by  the  City  Clerk.  Before  receiving  any  vote  the  box  shall  be 
publicly  opened  and  examined  by  the  judges  to  see  that  there  is  no  ballot  therein, 
and  shall  then  be  publicly  closed  and  locked  and  the  key  taken  by  one  of  the 
judges 

Sec.  9.  The  City  Clerk  shall  provide  two  poll  lists  for  each  ward  with  columns 
ruled  for  the  name  and  number  of  each  voter.  The  poll  lists  may  be  in  the  follow¬ 
ing  form,  to  wit : 


Poll  list  of  voters  in  the -  ward  of  the  city  of  Warsaw  at  the  charter  (or 

special)  election  held  at - in  said  ward  on - the -  day  of  - , 


V  D.  185— 

'S  •  *  ■ 

,  as  follows,  to  wit: 

No. 

Names  of  Voters. 

No. 

Names  of  Voters. 

1 

A.  B. 

24 

W.  X. 

9 

C.  D. 

25 

Y.  Z. 

The  clerk  of  election  shall  keep  the  poll  lists  and  shall  write  down  the  names 
and  number  of  voters  in  the  order  in  which  they  vote,  marking  the  letter  “S.” 
opposite  to  the  names  of  ail  persons  who  may  be  challenged  or  sworn.  They  shall 
also  keep  in  a  separate  list  the  names  of  all  persons  whose  voles  are  rejected  ;  and 
the  ballots  offered  by  such  persons  shall  be  kept  by  the  judges  with  the  name  of  the 
person  endorsed  thereon. 

Sec.  10.  The  mode  of  voting  shall  be  by  ballot.  The  ballot  shall  consist  of  a 
single  piece  of  white  paper,  on  which  shall  be  printed,  or  written,  or  partly  both, 
the  name  of  each  person  voted  for,  with  the  name  of  the  office  to  which  the  voter 
wishes  him  elected,  and  without  any  marks  or  figures  on  the  back  thereof  intended 
to  designate  one  ballot  from  another.*  The  ballot  shall  be  folded  by  the  voter,  and 
if  received,  placed  in  the  ballot  box  by  the  judges;  hut  any  person  may  vote  an 
open  ballot  if  he  chooses.  The  judges  shall  not  open  or  examin  e  any  ballot  offered, 
except  so  far  as  to  ascertain  whether  it  be  single  or  not ;  and  if  any  ballot  shall  be 
discovered  to  be  double  it  shall  be  rejected,  and  the  person  offering  the  same  shall 
not  vote  at  that  election.  Nor  shall  the  judges  mark  any  ballot  except  when  the 
vote  of  the  person  offering  it  is  rejected. 

Sec.  XI.  Every  white  male  citizen  of  fhe  United  States  of  the  age  of  twenty- 
one  yea»*s,  and  every  white  male  inhabitant  of  the  age  aforesaid,  who  was  a  resi¬ 
dent  of  this  State  on  the  first  day  of  April  A.  D.  1848,  who  has  actually  resided  in 
this  State  one  year,  and  in  this  City  one  month,  and  in  the  ward  in  which  he  pro- 


*Under  the  state  election  law  of  1849,  which  provides  that  “no  ballot  shall  be 
received  or  counted  unless  the  same  is  written  or  printed  upon  white  paper,  without 
any  marks  or  figures  thereon  intended  to  distinguish  one  ballot  from  another,”  where, 
upon  an  election  being  held,  some  of  the  ballots  were  rejected  on  account  of  the 
blue  lines  ruled  in  the  paper  by  the  manufacturer,  and  the  bluish  tint  of  the  paper, 
it  appearing:  that  the  ruled  lines  were  not  marks  placed  upon  the  ballots  for  the  pur¬ 
pose  of  distinguishing  one  from  another,  but  that  the  paper  was  casually  used  —  it 
was  held  that  the  ballots  were  upon  white  paper  within  the  meaning  of  the  law  and 
should  not  have  been  rejected,  and  having  been  once  received  by  the  judges  without 
objection,  their  rejection  afterwards,  for  that  cause,  would  be  a  fraud  upon  the 
voters.  People  vs.  Killduff,  15  Ills.  Rep.  500. 


ELECTIONS. 


poses  to  vote,  for  five  days  next  preceding  the  election,  shall  be  entitled  to  vote  in 
said  ward.  All  persons  shall  be  deemed  residents  of  the  ward  in  which  they  are 
accustomed  to  lodge. 

Sec.  12.  The  judges  or  any  legal  voter  of  the  ward  shall  have  the  right  to  chal¬ 
lenge  any  vote.  When  any  person  offering  to  vote  shall  be  challenged,  and  shall  not 
be  able  to  prove  by  competent  evidence,  that  he  is  legally  entitled  to  vote,  to  the 
satisfaction  of  the  judges  and  the  person  challenging,  the  judges  shall  cause  to  be 
administered  to  him  the  following  oath: 

“I  swear  (or  affirm)  that  I  am  of  the  age  of  twenty-one  years,  that  I  am  a  citi¬ 
zen  of  the  United  States,  or  was  a  resident  of  this  State  at  the  time  of  the  adoption 
of  the  Constitution, )  [April  1st,  1848,]  and  have  been  a  resident  of  this  State  one 
year,  and  a  resident  of  this  City  one  month  immediately  preceding  this  election, 
and  am  now  and  have  been  for  the  last  five  days  past,  a  resident  of  this  ward,  and 
have  not  voted  at  this  election.” 

If  any  person  challenged  shall  refuse  to  fake  the  oath,  his  vote  shall  be  rejected. 
If  he  shall  take  the  oath,  his  vote  shall  be  received,  unless  his  vote  shall  be  proved 
to  be  false,  to  the  satisfaction  of  a  majority  of  the  judges.* 

Sec.  13.  In  case  it  shall  be  necessary  to  suspend  the  voting,  or  to  adjourn  for 
dinner  before  the  polls  are  closed,  or  to  adjourn  the  canvassing  of  the  ballots  after 
the  polls  are  closed,  in  either  ease  the  ballot  box  shall  be  publicly  opened  in  the 
presence  of  all  the  judges,  and  the  poll  lists  placed  therein.  The  ballot  box  shall 
then  be  taken  and  sealed,  and  the  opening  in  the  top  sealed  by  the  judges,  and  the 
box  delivered  to  one  of  the  judges  and  the  key  to  another,  to  be  so  kept  until  the 
re-opening  of  the  polls,  or  until  they  shall  meet  for  canvassing  the  ballots. 

Sec.  14.  The  clerks  shall,  from  time  to  time,  and  at  the  closing  of  the  polls, 
examine  and  compare  their  poll  lists  and  correct  all  errors  therein,  under  the  direc¬ 
tion  of  the  judges,  until  they  shall  correspond.  When  the  polls  are  finally  closed, 
the  judges  and  cleiks  shall  proceed  to  canvass  the  ballots,  and  shall  first  count  all 
the  ballots  unopened,  except  so  far  as  to  ascertain  whether  a  ballot  be  single  or  not ; 
if  two  or  more  ballots  be  found  folded  together  they  shall  be  rejected.  If,  after 
counting  the  ballots,  and  rejecting  such  as  are  double,  the  number  of  ballots  receiv¬ 
ed  shall  exceed  the  number  of  votes  polled,  the  judges  shall  replace  the  ballots  in 
the  box,  and  after  shaking  them  up,  draw  out  by  lot  and  destroy  the  number  of  the 
excess. 

Sec.  15.  In  canvassing  the  ballots,  the  clerk  shall  mark  down  the  votes  each 
candidate  receives,  and  the  office  which  he  is  voted  for  in  the  ballot  as  the  ballots 
are  read  by  the  judges.  If  any  ballot  shall  contain  a  greater  number  of  names  of 
persons  voted  for,  for  any  office  than  there  are  persons  to  be  elected  to  that  office, 
it  shall  be  void  so  far  as  that  office  is  concerned.  No  ballot  shall  be  rejected  if  the 
judges  can  determine  to  their  satisfaction  the  person  intended  to  be  voted  for,  and 
the  office  which  the  voter  intended  he  should  fill.  If  two  or  more  ballots  shall  be 
found  folded  together  they  shall  all  be  rejected  :  or  if  any  ballot  shall  have  any 
mark  or  figure  on  the  outside  thereof,  intended  to  designate  one  ballot  from  another, 
it  shall  be  rejected.  The  ballots  shall,  when  the  count  is  finished,  be  placed  in  the 
ballot  box  and  sealed  up  and  returned  to  the  city  clerk  with  the  returns.  The  list 

‘When  a  vote  is  tendered  at  an  election  and  the  oath  required  by  law  is  taken 
and  not  proven  to  be  false — by  evidence  satisfactory  to  a  majority  of  the  judges — 
they  have  no  discretion,  but  must  receive  the  vote.  Spragins  vs.  Houghton,  2  Scam. 
Rep  408. 


*76 


ORDINANCES. 


of  rejected  votes,  and  the  rejected  ballots,  shall  also  be  sealed  up  in  a  separate  en¬ 
velop  and  placed  ir  the  ballot  box  with  the  ballots. 

Sec,  16.  The  clerks  shall  each  make  out  returns  of  the  election,  by  writing  in 
full  the  name  of  each  person  voted  for,  the  number  of  votes  received  by  him,  and 
the  office  for  which  he  was  voted  for.  The  returns  may  be  in  the  following  form  : 

c‘  At  an  election  held  at - ,  in  the - wTard  of  the  city  of  Warsaw,  on 

* - the - day  of - 185 — ,  the  following  named  persons  received  the 

number  of  votes  set  opposite  to  their  respective  names,  for  the  following  described 
offices,  to  wit : 

A.  B.  had  one  hundred  votes  for  mayor, 

C.  D.  had  ninety -nine  votes  for  mayor, 

{And  so  on  through  the  whole  list  of  officers  voted  for.) 

Certified  by  us  at  Warsaw,  this  - —  day  of  - 185 — . 

A.  b.,; 

C.  D.,  >  Judges. 

E.  F.,  J 

L  IL,?  \  Clerka* 

Sec.  17.  Upon  completing  the  returns,  the  judges  shall  enclose  them  in  two  en¬ 
velops  with  a  poll  list  in  each,  and  shall  seal  and  direct  them  to  the  “City  Clerk 
of  the  city  of  Warsaw,”  marked  “  Election  Returns.”  The  judges  shall  then 
choose  one  of  their  number  who  shall  deliver  one  of  the  returns  with  the  ballot  box 
and  the  ballots  to  the  City  Clerk  within  three  days.  The  other  return  shall  be  given 
to  another  of  the  judges  who  shall  keep  it  at  least  one  year.  If  any  judges  of 
elections  chosen  to  deliver  the  returns  and  ballot  box  and  ballots  to  the  City  Clerk, 
shall  not  deliver  the  same  safely,  with  the  seal  unbroken,  within  three  days  after 
the  election,  he  shall  be  subject  to  a  penalty  of  not  less  than  fifty  dollars. 

Sec.  18.  When  all  the  returns  shall  be  filed  with  the  City  Clerk,  he  shall,  with¬ 
out  delay,  notify  the  Mayor  or  any  two  Aldermen  thereof,  who  shall  immediately 
call  a  meeting  of  the  City  Council.  The  City  Clerk,  in  the  presence  of  the  City 
Council,  shall  open  the  several  returns  and  canvass  the  same,  and,  when  finished,  ' 
the  City  Council  shall  declare  the  result,*  and  the  Clerk  shall  enter  the  same  at 
full  on  the  journals,  naming  each  person  voted  for,  the  number  of  votes  he  received, 
for  what  office,  and  who  is  elected. 

Sec.  19.  When  two  or  more  candidates  for  any  elective  office  shall  have  an 
equal  number  of  votes  for^such  office,  the  election  shall  be  determined  by  the 
casting  of  lots  in  the  presence  of  the  City  Council,  in  the  manner  following.  There 
shall  be  placed  in  a  ballot  box  as  many  folded  ballots  as  there  are  persons  having 
an  equal  number  of  votes.  On  one  of  the  ballots  the  name  of  the  office  for  which 
the  candidates  were  voted  for  shall  be  written,  and  the  other  ballot  shall  have  some 
other  word  written  upon  it.  The  candidates  shall  each  then  draw  one  ballot,  and 
the  candidate  drawing  the  ballot  on  which  the  name  of  the  office  is  written  shall  be 


*When  the  law  requires  the  judges  of  elections  to  make  out  their  returns  certified 
by  them — return  the  same  to  the  City  Council  or  other  proper  officers  who  consti¬ 
tute  a  board  of  canvassers,  the  latter  can  only  declare  the  result  as  shown  by  the 
returns  of  the  judges,  and,  unless  the  election  is  contested,  can  not  pass  upon  the 
qualifications  of  voters  or  recanvass  the  ballots  and  reject  any  of  them.  People  vs. 
Kill  duff,  15  Ills.  Rep.  500. 


ELECTIONS. 


*T7 

declared  elected.  If  any  candidate  shall  be  absent,  or  shall  refuse  to  draw  a  ballot, 
the  City  Council  shall  appoint  one  of  their  number  to  draw  for  such  candidate. 

Sec  20.  The  City  Clerk  shall,  within  three  days  after  any  person  is  declared 
elected  to  an  office,  deliver  to  the  Marshal  a  written  notice,  directed  to  the  person 
elected,  notifying  him  of  his  election,  naming  the  office  to  which  he  has  been  de¬ 
clared  elected,  and  requesting  him  to  qualify  within  twenty  clays  after  such  notice. 
The  Marshal  shall,  without  delay,  deliver  the  notice  to  the  person  to  whom  it  is 
directed; 

Sec.  21.  The  City  Marshal  and  all  other  police  officers  shall  attend  at  all  elec¬ 
tions,  for  the  purpose  of  maintaining  order  and  keeping  the  peace.  The  judges 
shall  preserve  order  at  the  polls  and  may  command  any  police  officer  in  attendance? 
to  arrest  any  person  who  shall  disturb  the  peace  by  riotous  or  disorderly  conduct, 
Any  person  who  shall  at.  the  polls  break  or  disturb  the  peace,  or  conduct  himself  in 
a  riotous  or  disorderly  manner,  shall  be  subject  to  a  penalty  of  not  less  than  five 
dollars. 

Sec.  22.  If  any  person  shall  illegally  vote  or  attempt  to  vote  at  any  election, 
or  being  a  legal  voter  shall  vote  or  attempt  to  vote  a  second  time  at  the  same  elec¬ 
tion,  or  shall  knowingly  vote  or  attempt  to  vote  more  than  one  ballot  at  an  election, 
he  shall  in  each  case  be  subject  to  a  penalty  of  not  less  than  fifty  dollars. 

Sec.  23.  Whoever  shall  aid,  abet,  or  encourage  any  person  to  vote  or  attempt 
to  vote  illegally  at  any  election,  shall  be  subject  to  a  penalty  of  not  less  than  fifty 
dollars. 

Sec.  24.  Any  judge  of  elections  who  shall  refuse  to  receive  the  vote  of  any 
legal  voter  who  shall  take  or  offer  to  take  the  oath  herein  required,  unless  there 
shall  be  evidence  satisfactory  to  a  majority  of  the  judges  that  the  vote  of  such  per¬ 
son  is  clearly  illegal,  or  who  shall  receive  the  vote  of  any  person  challenged  who 
shall  refuse  to  take  the  oath  herein  required,  shall,  in  each  case,  be  subject  to  a 
penalty  of  not  less  than  fifty  dollars. 

Sec.  25.  Any  judge  or  clerk  of  elections  who  shall  knowingly  admit  or  receive 
any  illegal  vote,  or  shall  knowingly  permit  any  person  to  vote  more  than  once  at 
the  same  election,  or  to  vote  more  than  one  ballot,  or  shall  be  guilty  of  any  fraud, 
corruption,  partiality,  or  manifest  misbehaviour  in  the  discharge  of  the  duties  re¬ 
quired  of  him,  or  shall  wilfully  neglect  or  refuse  to  discharge  or  perform  any  duty 
herein  required,  shall,  in  each  case,  be  subject  to  a  penalty  of  not  less  than  fifty 
dollars. 

Sec.  26.  Whoever  shall,  at  any  election,  by  force  seize  or  attempt  to  seize,  or 
carry  away  any  ballot  box  or  poll  list,  shall  be  subject  to  a  penalty  of  not  less  than 
one  hundred  dollars. 

Sec.  27.  If  at  any  election  any  ballot  box  shall  be  carried  away  or  destroyed 
«o  that  the  ballots  therein  cannot  be  counted,  the  election  shall  be  void  and  the  City 
Council  shall  o'der  a  new  election. 

Sec.  28.  Any  candidate  for  an  elective  office  who  shall  desire  to  contest  the 
validity  of  any  election,  or  the  right  of  any  person  declared  elected,  to  hold  the 
office  to  which  he  claims  the  right,  shall  within  ten  days  after  the  election  give 
notice  of  his  intention  in  writing,  to  the  person  whose  election  he  intends  to  contest ; 
or  if  such  person  can  not  be  found,  he  shall  leave  a  similar  notice  at  his  usual  res¬ 
idence,  stating  in  such  notice  the  specific  reasons  for  which  his  election  will  be 
contested.  He  shall  also  notify  the  City  Clerk  of  his  intention  to  contest  such 
election,  by  filing  a  copy  cf  the  notice  with  him ;  and  the  City  Clerk  shall  not, 


ORDINANCES. 


78 

effer  the  filing  of  the  notice  with  him,  issue  any  certificate  of  election  to  the  per¬ 
son  whose  election  is  contested.  The  City  Clerk  shall  report  such  notice  to  the 
next  meeting  of  the  City  Council,  and  the  City  Council  shall  fix  a  time  for  the 
hearing  and  examining  into  such  contest  within  thirty  days ;  and  at  the  time  speci¬ 
fied  shall  hear  and  examine  all  the  testimony  under  oath  if  required  which  may  be 
offered  by  both  parties  touching  the  case,  and  shall  determine  who  is  entitled  to 
the  place  contested  by  a  vote  upon  a  call  of  the  tcyeas”  and  anays,J?  and  the  City 
Clerk  shall  enter  the  determination  at  full  upon  the  journal. 

Sec.  29.  If  the  election  to  the  office  of  Mayor  is  contested,  and  the  person 
whose  election  is  contested  is  in  possession  of  the  office,  the  City  Council  shall 
choose  one  of  their  number  as  presiding  officer,  until  the  contest  shall  be  deter¬ 
mined. 

Sec.  30.  The  Mayor  or  presiding  officer  of  the  City  Council  shall  issue  warrants 
under  the  corporate  seal  for  all  witnesses  that  may  be  required,  and  deliver  the 
same  to  the  City  Marshal,  who  shall  serve  the  same  by  reading,  or  by  delivery  of  a 
copy  thereof  to  the  person  summoned,  and  shall  make  return  in  what  manner  he 
lias  executed  the  same  ;  and  any  person  who  shall  neglect  or  refuse  to  appear  or  to 
testify  when  so  required  and  summoned,  shall  be  subject  to  a  penalty  of  not  less 
than  twenty-five  dollars,  and  may  be  compelled  to  appear  or  to  testify  in  any  other 
legal  manner.  When  any  witness  may  be  unable  to  attend  from  sickness  or  other 
cause,  or  is  beyond  the  jurisdiction  of  the  City  Council,  his  deposition  taken  in 
accordance  with  the  laws  of  the  Slate  may  be  read  in  evidence. 

Sec.  31.  Judges  and  clerks  of  elections  shall  each  be  entitled  to  receive  one 
dollar  for  each  day  they  may  be  actually  engaged  in  holding  and  conducting  any 

election  ;  and  the  City  Clerk  may  draw  his  warrant  on  the  Treasurer  for  the  same 
in  favor  of  the  person  entitled  thereto. 


CHAPTER  XI. 

FIRE  DEPARTMENT. 

An  Ordinance  Organizing  the  Fire  Department. 

DIVISION  I. — OF  THE  ORGANIZATION,  ETC.,  OF  FIRE  DEPARTMENT. 

Section  1.  The  five  department  of  the  city  shall  consist  of  the  Mayor,  the 
Aldermen,  the  City  Marshal,  a  chief  Engineer  and  two  assistant  Engineers;  and 
such  members  of  organized  fire  companies  as  may,  from  time  to  time,  be  appointed 
and  confirmed  by  the  City  Council. 

Sec.  2.  The  City  Council  may,  from  time  to  time,  procure  the  necessary  engines, 
hose,  hooks  and  ladders,  buckets,  and  other  fire  apparatus  for  the  use  of  the  fire 
department,  and  shall  provide  convenient  places  for  the  safe  keeping  thereof;  and 
such  fire  apparatus  shall  be  kept  in  the  best  order  for  immediate  use,  by  the  officer, 
person,  or  company  having  charge  of  the  same;  and  who,  wdien  any  such  appa¬ 
ratus  may  need  repairs,  shall,  without  delay,  notify  the  Mayor  thereof,  who  shall 
Immediately  cause  all  necessary  repairs  to  be  made. 


FIRE  DEPARTMENT. 


79 


Sf.c.  3.  Tlie  Mayor,  or  in  his  absence,  the  chairman  of  the  committee  on  fire 
and  water,  shall  have  and  exercise  a  general  supervision  over  the  fire  department; 
and  he  shall  report  to  the  City  Council  quarterly,  on  the  first  Mondays  of  January, 
April,  July  and  October  in  each  year,  or  oftener  if  required  or  necessary,  the 
condition  of  the  engines,  hose,  hooks  and  ladders,  buckets  and  other  fire  apparatus 
which  may  belong  to  the  fire  department,  and  of  the  buildings  in  which  they  may 
be  kept,  and  shall  recommend  such  additions,  improvements  or  alterations  as  may 
be  deemed  expedient  or  necessary.  He  shall  also  examine  info  the  condition  of 
such  lire  companies  as  may  belong  to  the  fire  department,  and  report  whether  their 
organization  is  efficiently  preserved,  their  records  properly  kept,  and  their  by-laws 
duly  observed  by  the  members,  and  a  non-compliance  therewith  strictly  enforced 
by  the  company.  He  shall  also,  from  time  to  time,  report  the  names  of  such  per¬ 
sons  as  may  have  been  admitted  members  of  any  organized  fife  company,  for  con¬ 
firmation  by  the  City  Council,  and  shall  report  to  the  City  Council  the  names  of 
such  officers  or  members  of  the  fire  department  as  have  disobeyed  orders,  or  ne¬ 
glected  or  refused  to  perform  any  duties  required  of  them. 

Sec.  4.  The  chief  Engineer  of  the  fire  department,  or,  in  hi3  absence,  the  assist¬ 
ant  Engineer,  who  may  first  be  in  attendance  at  any  fire,  shall  take  the  command, 
and  all  officers  and  members  of  the  fire  department,  and  by-standers,  shall  observe 
and  obey  the  orders  and  directions  of  the  officer  in  command.  The  Aldermen  shall 
report  themselves  at  each  fire  to  the  officer  in  command,  and  shall  aid  and  assist  in 
procuring  supplies  of  water  for  the  engines  or  buckets,  in  forming  lines  for  the 
passage  of  water,  in  preventing  the  hose  from  being  trodden  upon,  in  keeping  all 
idle  or  suspicion  persons,  or  persons  not  usefully  employed,  out  of  the  waj  and 
from  the  vicinity  of  the  fire,  and  in  preserving  and  protecting  property  from  dam¬ 
age  or  los3  by  fire  or  theft. 

Sec.  5.  The  City  Marshal  and  all  other  police  officers  of  the  city,  shall,  at 
each  fire,  without  delay,  report  themselves  to  the  officer  in  command,  and  remain 
and  be  subject  to  his  orders  and  directions,  in  preserving  and  protecting  property, 
and  in  aiding  in  extinguishing  tiie  fire,  and  in  discharging  police  duty.  The  Super¬ 
visor  shall  also  report  himself  at  each  fire,  and  shall,  as  far  as  in  his  power,  pre¬ 
serve  and  protect  any  planked  street  or  sidewalk  from  injury.  If  the  Marshal,  the 
Supervisor,  or  auy  police  officer  shall  neglect  to  attend  at  any  fire,  without  a  satis¬ 
factory  excuse,  or  shall  refuse  or  willful!}/"  neglect  to  perform  any  duty  herein  re¬ 
quired  of  him,  he  shall  be  subject  to  a  penalty  of  not  less  than  five  dollars. 

Sec.  G.  The  firemen  may  be  divided  into  companies  of  enginemen,  hosemen, 
hook  and  ladder  men,  and  bucket  men.  Each  company  may  adopt  such  organiza¬ 
tion  and  choose  such  officers,  subordinate  to  the  ordinances  of  the  city,  as  may  be 
deemed  best  calculated  efficiently  to  accomplish  the  objects  and  purposes  contem¬ 
plated,  and  may  be  composed  of  not  less  than  thirty,  and  not  exceeding  sixty 
active  members,  or  such  number  as  the  City  Council  ma}r,  from  time  to  time,  pre¬ 
scribe.  The  several  hre  companies  shall  have  the  charge  and  custody  of  such  en¬ 
gines  and  other  fire  apparatus  as  may  be  delivered  to  them,  and  of  the  buildings  in 

which  the  same  may  be  kept,  and  shall  cause  all  such  fire  apparatus  to  be  kept  and 
preserved  in  the  best  order  for  immediate  use. 

Sf,c.  7.  Upon  an  alarm  of  fire,  the  different  fire  companies,  under  the  command 
of  their  proper  officers,  shall  repair  to  the  place  of  the  fire  with  their  engines  or 
other  fire  apparatus,  and  there  work  and  manage  the  same  under  the  direction  of 
the  officer  in  command,  or  in  his  absence,  place  and  manage  the  same  in  the  most 


so 


ORDINANCES. 


•effectual  manner  until  the  fire  is  ‘extinguished.  No  fire  company  shall  leave  any 
fire,  or  shall  remove  their  apparatus  therefrom,  without  the  order  or  permission  of 
the  officer  commanding  ;  and  when  the  game  is  given,  shall  return  their  engines  or 
other  fire  apparatus  well  cleansed  and  in  good  order  to  the  place  of  deposit. 

Sec.  8.  No  person  shall  use  any  fire  apparatus  for  any  private  purpose;  nor 
shall,  without  authority,  remove  the  same  from  the  place  of  deposit  thereof,  under 
a  penalty  of  not  less  than  five  dollars ;  and  no  person  having  charge  of  any  tire 
apparatus  shall  permit  the  same  to  he  used  for  any  private  purpose,  under  a  penalty 
of  not  less  than  five  dollars,  besides  being  personally  liable  for  all  damages  that 
may  occur  thereby. 

Sec.  9.  The  active  and  working  member?  of  any  fire  company  shall  be  exempt 
from  serving  upon  any  jury,  or  working  upon  the  streets  and  alleys,  or  paying  any 
tax  for  the  same.  Each  company  shall,  from  time  to  time,  cause  to  be  returned  to 
the  Mayer,  to  be  reported  by  hiir  to  the  City  Council,  the  names  of  persons  who 
have  been  admitted  members  of  such  company,  and  the  names  of  such  as  have 
been  dismissed  from  or  ceased  to  be  memoers  of  such  company.  And  each  com¬ 
pany  shall,  on  the  first  Monday  of  July,  annually,  cause  to  be  returned  to  the 

*  v 

Mayor,  to  be  reported  by  him  to  the  City  Council,  a  correct  list  of  all  the  active 
and  working  members  then  actually  belonging  to  such  company.  The  City  Clerk 
shall  keep  a  register  of  the  names  of  the  active  and  working  members  of  any  fire 
company,  and  the  evidence  to  entitle  any  member  to  the  exemption  herein  named 
shall  be  the  clerk’s  certificate,  under  the  corporate  seal,  for  the  year  for  which  the 
exemption  was  claimed. 

Sec.  10.  The  officer  in  command  at  any  fire,  may  direct  the  tearing  down  or 
removal  of  any  building,  erection,  or  fence,  for  the  purpose  of  checking  the  progress 
of  the  fire;  and  with  th«  concurrence  of  two  Aldermen,  may  cause  any  building 
or  other  erection  to  be  blown  up  during  the  progress  of  the  fire,  if  deemed  necessa¬ 
ry  to  extinguish  cr  check  the  same. 

Sec.  11.  The  Mayor  or  any  Alderman,  the  Marshal,  the  chief  Engineer,  or  any 
assistant  Engineer,  or  the  officer  commanding  any  fire  company,  may  require  all 
male  persons  in  the  city,  and  all  by-standers  to  aid  in  drawing  or  conveying  any 
engine  or  other  fire  apparatus  to  any  fire,  or  to  aid  in  managing  and  working  the 
same  while  at  any  fire.,  or  otherwise  assist  in  extinguishing  the  fire,  or  in  removing, 
guarding,  and  protecting  property  ;  and  any  person  wffio  shall  neglect  or  refuse  so 
to  aid  and  assist  when  so  required,  shall  be  subject  to  a  penalty  of  not  less  than 
three  dollars. 

Sec.  12.  Whoever  shall,  at  any  fire,  wilfully  hinder,  delay,  resist,  or  obstruct 
any  officer,  fireman  or  other  person,  in  the  discharge  of  his  duty,  or  shall  neglect 
or  refuse  to  obey  and  observe  the  lawful  commands  of  any  officer,  or  shall  conduct 
himself  in  a  riotous  or  disorderly  manner,  shall,  in  each  case,  be  subject  to  a  pen¬ 
alty  of  not  less  than  five  dollars. 

Sec.  13.  The  Mayor  or  any  Alderman,  or  other  officer  belonging  to  the  fire  de¬ 
partment,  may,  and  the  Marshal  and  other  police  officers  shall,  during  any  fire,  ar- 
lest  any  suspected  person,  or  any  person  stealing  or  trespassing  upon  any  property, 
or  any  person  hindering,  resisting  or  obstructing  any  officer  or  other  person  in  the 
discharge  of  his  duty,  or  neglecting  or  refusing  to  obey  the  lawful  commands  of 
any  officer,  or  conducting  himself  in  a  riotous  or  disorderly  manner,  and  if  neces> 
gary  detain  him  in  custody,  or  commit  him  for  examination  until  he  can  be  brought 
before  a  competent  court  or  magistrate. 


FIRE  DEPARTMENT. 


<  T 

Sec.  14.  The  commanding  officer  may.  during  any  fire,  prescribe  limits  in  the 
vicinity  thereof,  within  which  no  person  not  residing  therein,  or  not  connected  with 
the  tire  department,  or  usefully  employed  in  aiding  in  extinguishing  the  fire,  shall 
he  permitted  to  come,  under  a  penalty  of  not  less  than  three  dollars  ;  and  the  Mar¬ 
shal  and  all  police  and  other  officers,  shall  aid  in  executing  the  requirements  of  this 
section.  The  City  Marshal  may,  when  necessary,  with  the  concurrence  of  the 
Mayor  or  two  Aldermen,  appoint,  as  property  guards,  such  a  number  of  known 
and  reputable  citizens  of  the  city,  as  may  be  necessary  to  aid  in  the  guarding,  pro¬ 
tecting  and  preserving  of  property  at  any  fire  ;  and  the  persons  so  appointed,  shall 
have  and  possess  the  same  powers  as  police  officers,  during  the  time  they  shall  so 
act,  and  the  Marshal  shall  return  a  list  of  such  persons  to  the  City  Council,  and 
they  shall  be  entitled  to  receive  such  reasonable  compensation  as  the  City  Council 
may  allow. 

Sec.  15.  Whoever  shall  willfully,  maliciously  or  negligently  break,  deface,  de¬ 
stroy,  or  otherwise  injure  any  fire  engine  or  other  tire  apparatus  belonging  to  the 
city,  or  to  any  fire  company,  shall  be  subject  to  a  penalty  of  not  less  than  twenty- 
five  dollars,  and  in  addition  thereto  the  expenses  which  may  be  incurred  in  repair¬ 
ing  the  injuries  committed  shall  be  added  to  the  penalty  and  form  a  part  thereof. 

DIVISION  II. - PRECAUTIONARY  REGULATIONS. 

Sec,  16.  All  stovepipes  shall  be  securely  put  up,  so  as  not  to  be  in  danger  of 
falling,  and  shall  lead  and  be  closely  fitted  into  a  brick  or  stone  Hue  or  chimney, 
unless  the  Mayor,  the  chief  Engineer,  or  two  Aldermen  shall  deem  it  to  be  equally 
safe  if  put  up  otherwise,  and  shall  certify  the  same  in  writing.  If  any  stovepipe 
shall  lead  otherwise  than  into  a  chimney  or  flue,  it  shall  not  pass  through  any  roof, 
nor  the  side  of  any  building,  nor  through  more  than  one  ceiling  oi  partition  before 
leading  into  a  chimney  or  flue,  and  shall  be  separated  at  least  three  inches  from  any 
wood  or  other  combustable  material,  by  a  double  circle  of  tin,  zinc,  or  sheet  iron 
connected  together  with  like  material,  with  air  holes  through  the  connecting  mate¬ 
rial,  between  the  pipe  and  the  wood.  All  stoves  put  up  or  used  without  secure 
aprons  or  hearths,  shall  be  placed  upon  a  platform  of  brick,  zinc,  or  other  incom¬ 
bustible  material,  extending  far  enough  around  the  same  to  prevent  the  fire  from 
falling  upon  the  floor,  and  if  set  within  eighteen  inches  of  the  wood  work  of  anv 
wall,  the  wall  shall  be  protected  with  a  zinc  or  other  incombustible  covering  so  as 
effectually  to  prevent  taking  fire  from  the  stove.  All  chimneys  or  flues  shall  be 
built  of  biick  or  stone,  well  laid  in  lime  morter,  and  shall  be  smoothly  plastered 
on  the  inside  thereof,  and  shall  be  constructed  in  such  a  manner  as  that  they  shall 
settle  with  the  rest  of  the  building,  and  not  be  liable  to  separate  or  crack  by  the 
settling  of  the  building.  The  holes  for  the  insertion  of  stovepipes  shall  be  made 
with  an  iron,  stone,  or  earthenware  thimble  or  casing  inserted  into  the  chimney  or 
due,  and  when  the  chimney  or  flue  shall  be  used,  such  holes,  unless  also  m  use. 
shall  be  securely  stopped  with  a  tin,  iron,  or  zinc  stopper,  having  a  flang  of  at. 
l°ast  one  inch  outside  the  chimney  or  flue.  No  chimney  or  flue  built  in  anv  loft 
shall  be  used  unless  there  are  stairs  leading  to  such  loft,  or  it  is  otherwise  easy  of 
access  at  all  times.  Whoever  shall  put  up,  erect,  or  build  any  stove,  stovepipe, 
chimney  or  flue,  contrary  to  the  requirements  of  this  section,  shall  be  subject  to  *. 
penalty  of  not  less  than  three  dollars;  and  whoever  shall  use  any  such  stovepipe, 
stove,  chimney,  or  flue,  so  put  up  or  erected  contrary  to  the  requirements  of  this. 


82- 


ordinances. 


section,  shall  be  subject  to  a  penalty  of  not  less  than  one  dollar  for  each  day  the 
same  may  be  so  used. 

Sec.  17.  No  person  shall  carry  or  use  any  lighted  candle,  lamp,  or  fire  in  any 
part  of  any  building,  or  stable,  where  any  hay,  straw  or  other  like  combustible  ma¬ 
terials  are  kept,  without  securing  the  same  in  a  lantern  or  other  secure  casing,  so  as 
not  to  endanger  the  taking  fire  thereby,  under  a  penalty  of  not  less  than  three 
dollars. 

Sec.  IS.  All  mechanics  or  other  persons  using, or  occupying  shops,  buildings  or 
places  where  shavings  or  other  like  combustible  materials  are  made  or  accumulated, 
shall  clear  out  and  remove  such  combustible  materials  from  the  building,  shops  or 
places,  and  the  premises  adjacent  or  attached  thereto,  as  often  as  may  be  necessary 
to  prevent  the  dangerous  accumulation  thereof.  The  stove  used  in  any  such  shop  or 
building  shall  be  set  in  a  box  or  frame,  extending  at  least  six  inches  above  the  floor, 
and  at  least  eight  inches  around  and  outside  the  stove,  and  filled  or  lined  with  fire¬ 
proof  material ;  the  pipe  of  such  stove  shall  be  carefully  put  up  as  is  herein  required, 
and  all  lighted  candles  or  lamps  used  in  any  such  shops  or  buildings  shall  be  set  in  a 
candlestick  or  stand,  not  liable  to  take  fire,  and  all  such  lights  shall  be  kept  at  a  se¬ 
cure  distance  from  any  combustible  material.  Nor  shall  any  fire,  or  other  light  be 
left  burning  therein,  when  no  person  may  be  in  such  shop  or  building.  Whoever 
shall  not  comply  with,  or  shall  violate  any  provision  of  this  section  shall,  in  each 
•case,  be  subject  to  a  penalty  of  not  less  than  three  dollars. 

Sf.c.  19.  No  person  shall  carry  from  one  place  to  another,  any  live  or  burning 
coals  or  fire,  without  securing  the  same  in  such  a  manner  as  to  prevent  the  coals  or 
sparks  from  falling  or  flying  therefrom,  or  otherwise  so  as  not  to  endanger  any  build¬ 
ing  or  property  thereby,  under  a  penalty  of  not  less  than  three  dollars. 

Sec  20.  No  person  shall  keep  or  deposite  any  ashes  in  any  building,  or  in  any 
place  within  twenty  feet  of  any  building,  shed,  fence,  or  other  combustible  material, 
unless  within  a  secure  and  covered  metallic  or  earthenware  or  other  fire-proof  vessel, 
or  in  a  fire-proof  ash  house  without  wood  in  any  part  thereof,  under  a  penalty  of 
not  less  than  three  dollars  ;  and  all  soap  boilers  or  other  persons  using  ashes  in  man¬ 
ufacture  in  any  wooden  ash  hopper  or  other  wooden  structure,  shall  keep  them  welP 
dampened  or  saturated  with  water,  under  a  penalty  of  not  less  than  three  dollars. 

Sec.  21.  No  person  shall  stack  or  deposite  any  hay,  straw  or  other  like  combus¬ 
tible  materials  within  one  hundred  feet  of  any  dwelling  house  or  other  building  in 
which  fire  may  be  kept,  without  being  so  secured  and  enclosed  as  to  be  protected 
from  sparks  of  fire,  under  a  penalty  of  not  less  than  three  dollars,  and  a  tike  penalty 
for  each  day  the  same  may  remain. 

Sec.  22.  No  person,  unless  it  may  be  raining  at  the  time  or  the  air  still,  shall 
set  fire  to  or  burn  any  shavings,  straw  or  other  combustible  materials  in  any  open 
or  public  place  in  the  inhabited  part  of  the  city  ;  nor  shall  any  person  at  any  time 
set  fire  to  or  burn  any  such  combustible  materials  in  any  open  or  public  place  be¬ 
tween  the  hours  of  nine  o’clock,  A.  M.  and  five  o’clock  P.  M.,  or  within  thirty 
feet  of  any  building  or  other  property  likely  to  be  endangered  or  damaged  thereby, 
under  a  penalty  of  not  less  than  three  dollars  in  each  case. 

Sec.  23.  No  person  shall  boil  any  pitch,  rosin,  tar,  or  other  inflammable  liquid 
or  substance,  except  within  a  fire-proof  building,  or  in  some  open  place  at  least 
thirty  feet  distant  from  any  building  or  property  likely  to  be  endangered  or  damaged 
thereby,  under  a  penalty  of  not  less  than  three  dollars. 

Sec.  24.  No  person  shall  make,  kindle,  or  use  any  fire  in  any  building  not  fire 


EIRE  DEPARTMENT. 


83 


proof,  or  in  any  shed  except  in  a  secure  fireplace  or  furnace  made  for  that  purpose  j 
nor  shall  any  person  make,  kindle,  or  use  any  out  door  fire,  when  necessary  for 
out  door  or  other  work,  within  twenty  feet  of  any  building  or  other  property  likely 
to  be  endangered  or  damaged  thereby,  unless  within  a  secure  furnace  made  for  that 
purpose,  nor  shall  leave  any  such  out  door  fire  burning  after  ceasing  to  use  the 
same,  under  a  penalty  of  not  less  than  three  dollars  in  each  case. 

Sec.  25.  No  person  shall  set  fire  to  or  burn  out  any  chimney  or  flue,  except  in 
the  day  time  and  when  it  may  be  raining  or  the  roof  of  the  house  may  be  covered 
■with  snow,  under  a  penalty  of  not  less  than  three  dollars  ;  and  the  person  occupy¬ 
ing  any  building  shall  cause  all  chimneys,  flues  and  stovepipes  which  may  be  used 
therein,  to  be  cleane  1,  swept  or  burned  out  at  least  once  during  each  3  ear,  and  as 
much  oftener  as  may  be  necessary  to  prevent  the  dangerous  accumulation  of  soot, 
under  a  penalty  of  not  less  than  three  dollars. 

Sec.  26.  Whoever  shall  negligently  or  wilfully  make,  kindle,  use,  or  leave  any 
fire,  or  shall  deposite,  leave,  or  use  any  ashes  or  other  dangerous  combustible  or 
inflammable  material,  liquid  or  substance,  or  shall  leave  or  use  any  lighted  candle, 
lamp  or  gas  light,  at  such  a  time  or  in  such  a  manner  as  to  cause  damage  or  injury 
to  any  building  or  other  property,  or  to  endanger  any  building  or  other  property 
likely  to  be  damaged  or  injured  by  such  negligent  or  willful  act,  shall,  in  each  case, 
be  subject  to  a  penalty  of  not  less  than  three  dollars. 

Sec.  27.  The  owner  of  any  building  not  covered  with  fire  proof  material  and 
exceeding  one  story  in  height,  shall  cause  a  suitable  scuttle  or  opening  to  be  con¬ 
structed  in  the  roof  thereof,  with  convenient  stairs  leading  thereto,  or  shall  provide 
and  keep  upon  the  premises  a  substantial  ladder  long  enough  to  reach  the  roof  of 
such  building,  or  shall  provide  some  other  convenient  means  of  access  to  the  same, 
under  a  penalty  of  not  less  than  three  dollars,  and  a  like  penalty  for  each  week  he 
shall  fail  to  comply  with  the  requirements  of  this  section. 

Sec.  28.  No  person  shall  trail,  strew,  or  leave  any  shavings,  straw  or  other  like 
combustible  materials  in,  around,  or  near  any  building  or  property,  so  as  to  endan¬ 
ger  or  be  likely  to  endanger  or  damage  the  same  thereby,  under  a  penalty  of  not 
less  than  three  dollars. 

Sec.  29.  No  lumber  yard  shall  hereafter  be  established  within  the  fire  limits  ; 
nor  shall  any  mechanic  or  other  person  keep  on  hand,  for  manufacturing  purposes, 
within  the  fire  limits,  more  than  fifteen  thousand  feet  of  lumber  at  one  time,  under  a 
penalty  of  twenty-five  dollars  in  each  case  ;  and  all  persons  keeping  or  having  lum¬ 
ber  on  hand  whether  within  or  without  the  fire  limits,  shall  keep  the  same  piled  up 
or  stacked  in  compact  piles,  and  shall  not  permit  any  shavings,  straw  or  other  like 
combustible  materials  to  be  deposited  or  scattered  near  or  around  the  same,  under  a 
penalty  of  not  less  than  three  dollars. 

Sec.  30.  The  Mayor,  the  Aldermen,  the  City  Marshal  and  Police  Constables, 
shall  be  ex-officio  fire  wardens ;  and  they  and  the  chief  Engineer  and  assistant  Engi¬ 
neers  of  the  fire  department  shall  have  power  to  enter  all  buildings  and  premises  to 
examine  whether  they  are  in  a  safe  condition ;  and  shall  enforce  or  cause  to  be  en¬ 
forced  all  the  provisions  hereof,  and  shall  prosecute  or  cause  to  be  prosecuted  all 
violations  of  the  same  ;  the  chief  Engineer  or  one  of  the  assistant  Engineers  of  the 
lire  department  shall,  during  the  month  of  November  in  each  year,  examine  all  the 
buildings  and  premises  within  the  city ;  and  shall,  from  time  to  time,  or  whenever 
requested  by  the  owner  or  occupant  of  any  building  or  premises,  (or  the  Mayor  or 
•any  Alderman,  when  so  requested)  shall  carefully  examine  the  same  or  any  contig- 


84 


ORDINANCES. 


uous  building  or  premises,  and  shall  notify  and  require  the  owner  or  occupant 
thereof  liable  therefor,  to  cause  any  chimney,  flue,  stove,  stovepipe,  furnace,  ash 
house,  or  other  place  in  which  fire  may  be  kept  or  used  which  may  be  deemed 
unsafe  or  dangerous,  or  any  other  cause  from  w’hich  immediate  danger  of  fire  may 
be  apprehended,  or  which  may  be  deemed  unsafe  or  dangerous  in  causing  or  pro¬ 
moting  fires,  to  be  without  delay  removed,  abated  or  placed  in  a  safe  condition  ; 
and  upon  the  neglect  or  refusal  of  such  owTner  or  occupant  to  comply  with  such 
notice,  he  shall  be  subject  to  a  penalty  of  not  less  than  three  dollars,  and  an  officer 
shall,  without  delay,  cause  such  budding  or  premises  to  be  placed  and  put  in  a  safe 
condition  5  and  the  necessary  costs  thereof  shall  be  collected  of  such  owner  or  oc¬ 
cupant  liable  therefor,  and  recovered  by  suit  in  the  name  ©f  the  city,  before  any 
court  having  jurisdiction. 

DIVISION  III. - FIRE  LIMITS. 

Sec.  31.  All  that  part  of  the  city  embraced  within  blocks  numbered  eighteen, 
nineteen,  twenty,  twenty-one,  twenty-four,  twenty-five,  thirty'",  thirty-one,  thirty- 
six,  thirty-seven,  forty-one,  forty -two,  sixty-six,  and  sixty-seven,  of  the  original 
towm  plat  of  the  town  (now'  city)  of  Warsaw  ;  and  block  one  in  Ralston’s  addi¬ 
tion,  with  such  other  parts  of  the  city  as  may  hereafter,  from  time  to  time,  be  added 
thereto  by  ordinance,  shall  constitute  and  be  known  as  the  fire  limits. 

Sec.  32.  No  building  or  part  of  any  building  shall  be  erected  wfithin  the  fire 
limits,  unless  all  the  outside  walls  and  party  walls  thereof  shall  be  built  of  stone, 
brick,  or  other  fire  proof  material ;  and  all  wooden  joists,  beams,  or  other  timbers, 
placed  in  the  outside  or  party  walls,  shall  be  separated  from  each  other  at  least  four 
inches,  with  stone  or  brick  well  laid  in  mortar,  and  all  wooden  lintels  or  plate 
pieces,  placed  in  the  front,  rear,  or  side  walls,  shall  recede  from  the  outside  of  the 
wall  at  least  four  inches,  or  when  they  shall  not  so  recede  shall  be  covered  with 
fire  proof  material. 

Sec.  33.  All  roofs  and  gutters  hereafter  placed  on  any  brick  or  other  fire  proof 
buildings,  already  erected  or  to  be  erected,  shall  be  covered  on  the  outside  surface 
with  copper,  tin,  iron,  or  other  fire  proof  material  j  and  all  wooden  cornices  placed 
upon  any  such  building  shall  be  covered  with  like  fire  proof  material,  and  shall  be 
separated  from  the  wooden  cornice  or  other  wooden  part  of  any  adjacent  building, 
by  a  brick  or  other  fire  proof  partition  of  at  least  four  inches  ;  nor  shall  any  of  the 
outer  timbers  or  woodwork  of  any  such  building  connect  with  any  of  the  interior 
timbers  or  woodwork ;  but  the  roofs,  cupolas,  or  spires  of  churches  or  other  public 
buildings,  wdiich  may  stand  thirty  feet  from  any  other  building,  or  the 
roofs  of  buildings  already  erected  and  used  exclusively  for  private  dwellinghouses, 
may  be  covered  or  built  with  boards  or  shingles ;  and  sheds  with  one  or  more  of 
the  sides  entirely  open,  not  exceeding  ten  feet  in  height  at  the  highest  part,  and 
privies  not  exceeding  ten  feet  square  and  ten  feet  in  height  may  be  built  of  wood. 

Sec.  34.  All  outside,  end  and  party  fire  walls  of  any  brick  or  other  fire  proof 
building  shall  extend  above  the  roof  of  such  building  at  least  ten  inches  ;  nor  shall 
the  planking  or  sheeting  of  any  roof  extend  across  the  fire  wall  of  such  building. 

Sec.  35.  No  wooden  building  or  part  of  any  wooden  building  within  the  fire 
limits,  shall  be  erected,  raised,  repaired  or  enlarged  except  that  buildings  built  of 
wood  and.  used  exclusively  for  private  dwelling  houses  may  be  repaired,  but  shall 


FIRE  DEPARTMENT. 


85 


not  be  raised  or  enlarged;  nor  shall  any  such  wooden  building  or  part  of  wooden 
building  within  the  fire  limits,  be  removed  to  any  other  place  within  the  same;  nor 
shall  any  such  building  or  part  of  building  be  removed  into  the  fire  limits,  from 
without  the  same  ;  nor  shall  any  wooden  building  within  the  fire  limits  which  may 
become  damaged  to  the  extent  of  fifty  per  cent  of  the  value  thereof  by  tire  or  other 
casualty,  be  repaired  or  rebuilt ;  nor  shall  any  such  building  when  the  damage 
thereto  is  less  than  fifty  per  cent,  of  its  value,  be  so  repaired  as  to  be  raised  higher 
than  the  highest  point  left  standing  after  such  damage  shall  have  occurred,  or  so  as 
to  be  in  a  better  condition  or  state  of  repair  than  before  such  damage,  or  so  as  to 
occupy  a  greater  space  than  before  the  injury  thereto. 

Sec.  36.  The  extent  of  damage  that  may  be  done  to  any  such  building  by  fire 
or  other  casualty,  may  be  determined  by  three  disinterested  citizens  of  the  city,  one 
of  whom  shall  be  selected  by  the  owner  of  the  building  or  his  agpiif,  the  second  by 
the  Mayor  or  the  majority  of  the  committee  on  fire  and  water,  and  the  two  so  cho¬ 
sen  shall  select  a  third,  and  the  decision  of  the  persons  so  chosen  shall  be  final  and 
conclusive. 

Sec.  37.  Any  owner,  builder,  or  other  person  who  shall  own,  build,  or  aid  in 
the  erection,  raising,  enlarging  Or  repairing  of  any  building  or  part  of  any  building 
within  the  fire  limits  contrary  to  or  in  any  other  manner  than  is  authorized  by  the 
provisions  hereof ;  or  whoever  shall  remove  or  cause  to  be  removed,  or  aid  in  re¬ 
moving  any  wooden  building  within  the  fire  limits  from  one  place  to  another  within 
the  same,  or  from  without  the  fire  limits  into  the  same,  contrary  in  either  case  to 
any  provision  hereof,  or  shall  otherwise  violate  any  provision  hereof,  shall,  inpach 
case,  be  subject  to  a  penalty  of  not  les3  than  one  hundred  dollars,  and  to  a  like 
penalty  for  each  week  he  shall  fail  to  comply  with  the  provisions  hereof  or  contin¬ 
ue  in  violation  of  the  same,  to  be  sued  for  and  recovered  before  any  court  or  mag¬ 
istrate  having  jurisdiction. 

Sec.  38.  Any  wooden  building  or  wooden  part  of  any  building  which  may  be 
erected,  raised,  enlarged,  repaired,  or  removed,  or  which  may  be  in  a  process  of 
erection,  raising,  enlargement,  removal,  or  repair,  contrary  in  either  case  to  any 
provision  hereof,  is  deemed  and  is  hereby  declared  to  be  a  nuisance,  and  the  Mayor 
shall,  upon  information  of  any  such  violation,  give  due  and  reasonable  notice  to 
the  owner  or  builder  of  such  building  to  abate,  remedy,  or  remove  the  same  or 
such  part  thereof  as  may  be  necessary;  and  upon  his  failure  to  comply  with  such 
notice,  the  Mayor  shall,  by  an  order  in  writing,  require  the  city  Marshal  to  remove 
or  tear  down  such  building  or  such  part  thereof  as  may  be  necessary  ;  and  the  city 
Marshal  shall  execute  the  order  of  the  Mayor,  and  shall  report  the  costs  and  ex¬ 
penses  of  such  removal  upon  oath  to  the  City  Council  for  allowance;  and  such 
costs  and  expenses  may  he  collected  of  the  owner  or  builder  of  such  building,  liable 
therefor,  by  suit  in  the  name  of  the  city  before  any  court  having  jurisdiction,  or 
assessed  against  the  premises  chargeable  therewith,  and  collected  by  warrant  and 
sale  of  the  same,  in  the  same  manner  as  in  cases  of  other  nuisances. 

Passed,  July  2,  1859. 


8b 


ORDINANCES 


CHAPTER  XII. 

GAMING  AND  COUNTERFEITING  IMPLEMENTS. 

An  Ordinance  in  relation  to  Gaming  and  Counterfeiting  Implements. 

Section.  1.  The  Mayor,  or  any  Police  Magistrate,  the  Marshal  or  any  Police 
Constable  shall  seize  or  cause  to  be  seized  and  brought  before  any  Police  Magistrate, 
or  reported  to  him,  any  gaming  table,  implement,  instrument,  or  device,  set  up  or 
used  for  the  purpose  of  gaming  therewith;  or  any  implements,  instruments  or  devi* 
ces  used  for  the  purpose  of  gaming,  or  for  counterfeiting,  lock-picking,  pocket? 
picking,  or  for  the  commission  of  burglery,  or  any  Mexican  puzzle,  or  other  imple¬ 
ment  or  device  used  by  cheats,  vagrants  and  swindlers,  and  in  the  possession  of  any 
person  without  his  being  able  to  give  a  good  account  of  the  possession  thereof.  And 
all  such  instruments,  implements  or  devices  shall  be  destroyed  by  the  order  or  war? 
rant  of  any  Police  Magistrate,  upon  his  being  satisfied  that  they  are  used,  or  to  bo 
used,  or  likely  to  be  used  for  any  unlawful  purpose. 

Sec.  2.  Any  Police  Magistrate,  upon  satisfactory  information  that  any  gaming 
table,  implement,  instrument  or  device  is  set  up  or  used  for  the  purpose  of  gaming 
therewith,  and  concealed  in  any  premises,  or  that  any  implements,  instruments  or 
devices  named  in  the  preceding  section,  are  concealed  therein,  shall  issue  to  the  Mar¬ 
shal  or  any  police  officer  a  warrant  for  searching  such  premises  and  seizing  and 
bringing  before  or  reporting  to  him  any  such  implements,  instruments  or  devices  as 
may  be  found  therein ;  and  the  officer,  in  the  execution  of  such  warrant,  may  enter 
such  suspected  premises  peaceably,  or  after  demand  made  and  refused  to  admit  him, 
by  force  ;  and  may  arrest  all  suspected  persons  found  therein,  and  shall  seize  all  such 
unlawful  tables,  implements,  instru  ments,  or  devices,  and  the  same  shall  be  destroy¬ 
ed  by  order  or  warrant  of  any  Police  Magistrate,  as  is  required  in  the  preceding 
section.  And  whoever  shall  hinder,  delay,  resist,  or  obstruct  any  officer  in  the  exe¬ 
cution  of  any  duty  herein  required,  or  shall  aid  or  abet  the  same,  shall  be  subject  to 

a  penalty  of  not  less  than  ten  dollars. 

Passed,  July  2,  1859. 


CHAPTER  XIII. 

GUNPOWDER. 

An  Ordinance  in  relation  to  Gunpowder . 

Section.  1.  No  store  or  shop-keeper,  or  other  person,  shall  keep  at  the 
same  time  in  any  house,  shop,  store,  cellar  or  warehouse,  or  in  any  boat,  within  the 
limits  of  said  city,  more  than  thirty  pounds  of  gunpowder. 

Sec.  2.  The  aforesaid  quantity  of  powder,  allowed  to  be  kept  within  the 

limits  of  said  city,  shall  be  kept  in  close  tin  four-pound  canisters,  and  in  a  good  and 
safe  place. 

Sec.  3.  Every  person  offending  against  either  of  the  foregoing  provisions, 
shall  forfeit  and  pay  the  sum  of  twenty-five  dollars,  for  the  use  of  said  city. 

Sec.  4.  It  shall  be  lawful  for  the  Mayor,  whenever  he  shall  be  informed, 
upon  oath  that  there  is  probable  cause  to  suspect  any  person  of  concealing  or  keep¬ 
ing  within  said  city,  any  quantity  of  gunpowder  over  and  above  thirty  pounds  as 

aforesaid,  to  issue  a  search  warrant  to  examine  into  the  truth  of  such  allegation  or 
suspicion,  and  search  any  place  whatever  therein. 

Passed,  July  2,  1859. 


BEALTH  DEPARTMENT. 


e ' 


CHAPTER  XIV. 

HEALTH  DEPARTMENT. 

An  Ordinance  establishing  and  regulating  the  Health  Department. 

Section  1.  The  City  Council  shall  annually  appoint  by  ballot  one  of  their  num¬ 
ber  from  each  ward,  who  shall  constitute  the  Board  of  Health.  The  Mayor  or  pre¬ 
siding  officer  of  the  City  Council  shall  be  President  of  the  Board,  and  shall  cause 
all  orders  of  the  Board  to  be  executed.  The  City  Clerk  shall  be  Clerk  of  the  Board, 
and  shall  keep  minutes  of  its  proceedings  in  a  suitable  book,  and  issue  and  deliver  its 
■orders. 

Sec.  2.  The  Board  of  Health  shall  hold  meetings  at  the  City  Council  chamber 
as  often  as  the  Mayor  may  deem  necessary,  and  the  Marshal  shall,  when  required 
by  the  Mayor,  give  notice  of  such  meeting  to  each  member  of  the  Board. — 
A  majority  of  the  members  of  the  Board  shall  constitute  a  quorum  for  the  transac¬ 
tion  of  business,  and  they  may  make  and  determine  the  rules  of  their  own  proceed¬ 
ings,  and  such  other  rules  and  regulations  as  may  be  necessary  to  execute  their  pow¬ 
ers  and  duties.  If  any  member  of  the  Board  from  any  ward,  from  sickness,  absence, 
or  other  cause,  shall  be  unable  to  attend  any  meeting  of  the  Board,  the  Alderman 
from  such  ward  then  being  in  the  city  having  the  oldest  commission,  shall  attend 
such  meeting  and  be  temporary  member  of  the  Board. 

Sec.  3.  The  Board  of  Health  shall  exercise  a  general  supervision  over  the  health 
of  the  city,  aud  shall  make  diligent  examination  and  inquiry  into  all  matters  affecting 
the  same,  and  shall  cause  all  nuisances  to  be  abated  or  removed  which  they  may 
deem  prejudicial  or  obnoxious  to  the  public  health  or  comfort,  and  may  make  such 
sanitary  regulations  as  they  may  deem  expedient  or  necessary  to  preserve  and  pro¬ 
mote  the  same,  or  to  prevent  the  introduction  or  spreading  of  any  contagious,  ma  dy¬ 
nast,  infectious  or  pestilential  disease. 

Sec.  4.  All  orders  of  the  Board  of  Health  shall  be  certified  by  the  Clerk,  and 
the  Mayor  shall  cause  them  to  be  executed  by  delivery  thereof  to  the  City  Supervi¬ 
sor,  the  Marshal,  or  any  Police  Constable,  who  shall  execute  all  orders  of  the  Board 
of  Health  or  of  the  City  Council  pertaining  to  the  public  health  or  the  sanitary  con¬ 
dition  of  the  city. 

Sec.  5.  All  persons  shall  obey  the  orders  and  directions  of  the  Board  of  Health, 
and  any  member  of  the  Board  may  order  the  abatement  of  any  nuisance  contrary  to 
any  ordinance  of  the  city  which  may  be  prejudicial  to  the  public  health;  and  who¬ 
ever  shall  neglect  or  refuse  to  obey  any  order  of  the  Board,  or  of  any  member  thereof , 
as  herein  required,  shall  be  subject  to  a  penalty  of  not  less  than  three  dollars. 

Sec.  6.  The  Board  of  Health  may  cause  any  person  having  any  infectious, 
contagious,  or  pestilential  disease,  with  his  consent,  if  a  resident  of  the  city,  to 
be  removed  to  such  safe,  retired  and  proper  place  as  may  be  deemed  best,  not  to 
exceed  two  miles  from  the  city,  and  shall  provide  suitable  nurses  and  other  attena- 
ance  for  such  person,  at  his  expense  if  able  to  pay  for  the  same,  and  if  not,  at  the 
expense  of  the  city.  But  if  any  such  person,  being  a  resident  of  the  city,  shall  re¬ 
fuse  to  be  removed,  or  his  condition  is  such  that,  in  the  opinion  of  the  Board  of 
Health,  removal  would  be  attended  with  danger  to  his  life,  such  measures  shall  be 
taken  as  may  be  deemed  advisable  and  best  to  prevent  the  spreading  of  the  conta¬ 
gion.  If  any  such  person  shall  have  the  small  pox,  or  other  like  malignant  and 
infectious  disease,  the  Board  of  Health  may  require  notices  with  the  words  “small 
pox  here,”  in  large  letters,  to  be  posted  up  in  conspicuous  places  on  the  house  or 


33 


ORDINANCES. 


premises  by  the  occupant  thereof,  who  shall  cause  such  notices  to  be  placed  and 
kept  up  as  long  as  shall  be  directed  by  the  Board,  and  upon  his  failure  to  do  so,  he 
shall  be  subject  to  a  penalty  of  not  less  than  ten  dollars  for  each  day  be  shall  so  fail 
to  place  and  keep  up  such  notices. 

Sec.  7.  Any  person  having  or  having  had  the  small  pox  or  other  like  malignant 
and  infectious  disease,  who  shall  go  about  in  any  public  place,  before,  in  the  opin¬ 
ion  of  the  Board  of  Health,  he  shall  be  in  no  danger  of  giving  the  disease  to  others, 
shall  be  subject  to  a  penalty  of  not  less  than  twenty-five  dollars.  Any  person  at¬ 
tending,  or  being  about  any  other  person  having  the  small  pox  or  other  like  Elec¬ 
tions  disease,  who  shall  not  change  or  purify  his  wearing  apparel  oefore  going  into 
any  public  place,  or  who  shall  otherwise  so  conduct  himself  as  to  endanger  the 
spreading  of  the  disease  or  the  giving  it  to  others.,  shall  be  subject  to  a  penalty  of 
not  less  than  twenty-five  dollars. 

Sec.  8.  The  Board  of  Health,  when  the  sanitary  condition  or  preservation  of 
the  public  health  of  the  city  shall  render  it  necessary,  may  authorize  the  members 
of  the  Board  to  execute  a;-1}'  of  the  powers  and  duties  herein  required  of  the  Super¬ 
visor,  the  Marshal  and  Police  Constables,  and  may  appoint  or  employ  such  officers 
or  servants,  and  establish'  such  temporary  hospitals  and  provide  such  necessaries 
therefor  as  the  public  exigency  may  require.  They  shall  see  that  all  officers,  or 
persons  employed  by  them  discharge  their  duties.  All  expenditures  incurred  by 
the  Board  of  Health  shall  be  reported  to  the  City  Council  for  allowance,  and  the 
City  Clerk  shall  keep  an  account  of  all  disbursements  made  on  account  of  the 
health  department. 

Sec.  9.  The  Board  of  Health  may  cause  any  wearing  apparel,  bedding,  or  fur¬ 
niture,  which  they  may  deem  infectious  or  to  endanger  the  public  health  of  the  city, 

■  o  be  removed  not  exceeding  two  miles  from  the  city,  or  destroyed,  but  before  de¬ 
stroying  the  same,  they  shall,  if  practicable,  cause  an  invoice  and  appraisal  to  be 
made  thereof,  in  order  to  make  just  compensation  therefor. 

Sec.  10.  The  Board  of  Health,  the  members  thereof,  the  Supervisor,  the  Mar¬ 
shal,  and  Police  Constables  shall  at  all  times,  cause  all  nuisances  which  they  may 
find,  or  which  may  be  reported  to  them,  to  be  abated,  removed  or  remedied.  Any 
member  of  the  Board  of  Health,  the  Supervisor,  the  Marshal  or  any  Ponce  Con¬ 
stable  may  at  all  times  during  the  day  time,  enter  all  premises  and  examine  all 
parts  thereof  and  cause  all  nuisances  found  thereon  to  be  abated,  remedied,  or  re¬ 
moved  in  such  manner  as  he  shall  direct. 

Sec.  11.  Any  person  practising  physic  who  shall  have  any  patient  in  the  city 
laboring  under  any  contagious,  infectious  or  pestilential  disease,  shall  forthwith 
make  report  thereof,  in  writing,  to  the  Clerk  of  the  Board  of  Health,  describing 
the  locality  of  such  patient  so  that  he  may  be  easily  found,  and,  upon  failure  to  do 
so.  shall  be  subject  to  a  penalty  of  fifty  dollars. 

Passed,  July  2,  1859, 


HOGS  AND  GEESE. 


89 


CHAPTER  XV. 

HOGS  AND  GEESE. 

An  Ordinance  relating  to  Hogs  and  Geese  running  at  large , 

Section  1.  That  every  hog,  pig  or  goose  found  running  at  large  in  any  street, 
lane,  avenue  or  alley  of  the  city  of  Warsaw,  or  in  any  uninclosed  place  within  its 
limits,  is  hereby  declared  a  nuisance  ;  and  the  owner  of  each  and  every  such  hog, 
pig  or  goose,  shall  forfeit  and  pay  for  the  use  of  said  city,  the  sum  of  one  dollar 
for  every  twenty-four  hours  such  hog  pig  or  goose  shall  run  at  large. 

Sec.  2.  That  the  City  Marshal  is  hereby  required  to  take  up  and  confine  in  a 
secure  pen,  pound  or  other  place  provided  by  him  for  that  purpose,  every  hog, 
pig  or  goose  found  running  at  large,  and  retain  the  same  at  least  twenty-four  hours  ; 
and  if  not  redeemed  within  said  twenty-four  hours  he  shall  dispose  of  them  as 
hereinafter  directed  ;  and  the  said  Marshal  in  the  performance  of  the  duties  requir¬ 
ed  by  this  ordinance,  may  employ  at  his  own  expense  all  necessary  aid  ;  and  any 
person  who  shall  prevent,  or  attempt  to  prevent  said  Marshal,  or  those  employed  by 
him,  from  performing  any  of  the  duties  required  by  this  ordinance,  shall  forfeit  and 
pay  for  the  use  of  said  city,  not  less  than  ten  dollars,  nor  more  than  twenty-five 
dollars,  for  every  such  offence. 

Sec.  3.  That  if  the  owner  of  any  such  hog,  pig  or  goose,  shall,  within  twenty- 
four  hours  after  the  same  is  taken  up,  pay  to  the  City  Marshal  the  penalty  herein 
provided  and  the  fee  for  taking  up  and  keeping  the  same,  such  hog,  pig  or  goose 
shall  be  restored  to  the  owner ;  and  if  tfie  owner  does  not  redeem  the  same  within 
said  time  by  payment  aforesaid,  the  City  Marshal  shall,  within  the  next  twenty  - 
four  hours,  expose  and  sell  the  same  at  public  auction  to  the  highest  and  best  bidder, 
for  cash,  between  the  hours  of  nine  and  ten  o’clock  in  the  forenoon  at  the  place  or 
confinement;  Provided,  however,  that  the  sale  of  any  such  hog,  pig  or  goose  shall 
not  release  the  owner  from  the  penalty  and  costs  incurred  for  permitting  the  same 
to  run  at  large. 

Sec.  4.  That  the  money  received  on  the  sale  of  any  such  hog,  pig  or  goose, 
after  deducting  the  penalty,  and  twenty-five  cents  for  taking  up  and  keeping,  and 
fifty  cents  for  selling  such  hog.,  pig  or  goose,  shall  be  paid  to  the  owner  thereof  on 
application  to  the  City  Marshal  within  six  months  after  such  sale;  but  if  no  appli¬ 
cation  is  made,  the  balance  over  and  above  the  Marshal’s  compensation  shall  be 
paid  to  the  treasurer,  for  the  use  of  the  city. 

Sec.  5.  That  the  City  Marshal,  in  addition  to  the  foregoing  fees,  is  hereby  au¬ 
thorized  to  retain,  as  fees,  one  half  of  all  money  by  him  received  as  penalties  under 
this  ordinance,  and  required  to  pay  the  balance  into  the  treasury. 

Sec.  6.  That  if  no  person  shall  bid  at  any  sale  the  whole  amount  of  costs  for 
taking  up,  keeping  and  selling,  provided  for  in  this  ordinance,  it  shall  be  lawful  for 
the  City  Marshal  for  himself,  to  bid  thereon  the  amount  of  his  costs  and  charges  ; 
and,  no  one  bidding  more,  the  property  offered  shall  be  struck  off  to  the  Marshal 
as  in  other  cases.  And  the  owner  of  any  hog,  pig  or  goose  taken  up,  as  aforesaid, 
may  redeem  the  same  at  any  time  before  sale  of  the  same,  as  provided  for  in  the 
third  section  of  this  ordinance. 

Sec.  7.  That  the  City  Marshal  shall,  before  selling  any  hog,  pig  or  goose, 
under  this  ordinance,  advertise  the  same  by  a  written  or  printed  notice,  giving  a 
description  of  the  property  and  the  time  and  place  of  sale,  posted  up  at  the  front  of 
the  post  office  in  said  city,  for  at  least  twenty-four  hcurs  before  the  time  of  sale. 


90 


ORDINANCES. 


and  said  Marshal  may  in  his  discretion,  adjourn  such  sale  from  day  to  day,  if  neces¬ 
sary,  to  get  bidders.  And,  if  said  Marshal  have  reason  to  believe  that  any  hog, 
pig  or  goose  so  taken  up,  is  owned  by  any  person  residing  without  the  limits  of  the 
city,  it  shall  then  be  his  duty  to  advertise  the  same,  as  aforesaid,  for  forty-eight 
hours. 

Passed,  July  2,  1859. 


CHAPTER  XV. 

LICENSES. 

An  Ordinance  relating  to  Licenses. 

DIVISION  I. — LICENSES  IN  GENERAL. 

Section  1.  The  Mayor  may  receive  applications  for  licenses,  and  grant  the 
same  in  all  cases  where  it  is  not  otherwise  expressly  provided,  upon  the  terms  and 
conditions  specified  by  ordinance.  But  if  he  shall  not  feel  authorized  to  grant  any 
application  for  a  license  for  any  purpose,  he  may  report  such  application  to  the 
next  meeting  of  the  City  Council  for  their  action  thereon. 

Sec.  2.  Any  person  desiring  a  license  under  the  ordinances  of  the  city,  for  any 
purpose,  shall  make  a  written  application  to  the  Mayor  therefor,  stating  the  pur¬ 
pose  for  which  the  same  is  desired,  for  what  length  of  time,  and  specifying  the 
place  where  his  business  is  to  be  carried  on,  and  if  required  by  ordinance  to  file 
bond,  before  being  licensed,  he  shall  also  name  his  proposed  sureties  on  his  bond  in 
his  application.  If  the  Mayor  shall  grant  such  application,  he  shall  indorse  the 
same  thereon,  together  with  the  amount  taxed  for  the  license ;  and  upon  the  filing 
of  the  application  so  indorsed  with  the  City  Clerk  and  the  payment  of  the  sum 
specified  to  the  Treasurer,  the  Clerk  shall  issue  to  such  applicant  a  license  for  the 
time  specified. 

Sec.  3.  No  license  shall  be  granted  for  a  longer  period  than  one  year,  and  all 
licenses  shall  be  signed  by  the  Mayor,  and  countersigned  by  the  City  Clerk  under 
the  corporate  seal.  No  license  shall  be  valid  until  signed  and  countersigned  as 
aforesaid,  nor  shall  any  person  be  deemed  licensed  until  a  license  shall  be  duly 
issued  to  him.  Each  license  shall  be  dated  the  day  of  the  issuing  thereof,  but  if  the 
applicant  has  been  acting  without  license,  then  it  shall  be  dated  from  the  time  he  so 
commenced  acting. 

Sec.  4.  All  licenses  granted,  shall  be  subject  to  all  ordinances  in  relation  to 
licenses  which  may  be  in  force  at  the  time  of  the  issuing  thereof,  or  which  may  be 
subsequently  passed  by  the  City  Council ;  and  if  any  person  licensed  shall  violate 
any  provision  of  any  ordinance  in  relation  to  his  license,  he  may  be  proceeded 
against  for  any  fine  or  penalty  imposed  thereby,  and  his  license  may  be  revoked  or 
forfeited  in  the  discretion  of  the  City  Council,  or  of  the  court  or  magistrate  before 
whom  any  action  may  be  brought  for  the  recovery  of  any  fine  or  penalty. 

Sec.  5.  No  license  granted  shall  be  assignable  or  transferable  j  nor  shall  any 
person  be  authorized  to  do  business  or  act  under  such  license,  but  the  person  to 
whom  it  is  granted,  or  any  other  place  than  the  place  specified  therein,  without  the 
consent  of  the  City  Council,  to  be  certified  on  such  license  by  the  City  Clerk.  Nor 
.shall  any  license  authorize  any  peison  to  act  under  it  at  more  than  one  place  at  the 


LICENSES. 


91 


•same  time,  or  at  any  other  time  than  is  therein  specified.  Whoever  shall  violate 
any  provision  of  this  section  shall  be  deemed  to  be  acting  without  license,  and  shall 
be  subject  to  the  same  penalty  as  is  prescribed  for  acting  without  license. 

Sec.  6.  The  City  Clerk  shall  keep  a  license  register,  in  which  he  shall  enter 
the  name  of  each  person  licensed,  for  what  purpose  licensed,  the  place  of  business, 
the  date  of  the  license,  the  amount  paid,  and  the  date  of  expiration  of  the  same. 
He  shall  pay  into  the  city  treasury  on  the  first  Monday  of  each  month,  all  moneys 
received  by  him  on  account  of  licenses,  and  shall  quarterly,  on  the  first  Mondays 
of  April,  July,  October  and  January,  in  each  year,  report  to  the  City  Council  au 
abstract  of  all  licenses  granted  since  his  preceding  report,  with  the  amount  taxed 
and  received  for  the  same.  He  nr  ay  change  and  receive  a  fee  of  fifty  cents  for  each 
license  issued  by  him,  and  a  fee  of  twenty- five  cents  for  certifying  the  consent  of 
the  City  Council  to  the  assignment,  transfer,  or  change  of  place  of  business  of  any 
license. 

Sec.  7.  Licenses  may  be  issued  as  near  as  may  be  in  the  following  form,  to  wit : 

A.  B.,  Mayor  of  the  city  of  Warsaw,  To  all  whom  these  presents  shall  come, 
greeting:  Know  ye  that  C.  D.  having  made  application  in  due  form  (filed  bond), 

paid  into  the  city  treasury - dollars,  and  in  all  other  respects  complied  with 

the  ordinances  of  the  city  in  this  behalf;  Therefore,  I,  A.  B.,  Mayor  of  the  city 
of  Warsaw,  for  and  in  behalf  of  the  people  of  3aid  city,  do  hereby  authorize,  em¬ 
power,  and  license  the  said  C.  D.,  (here  set  forth  the  business  or  the  purpose  of  the 
license,)  at - for -  from - . 

Nevertheless,  this  license  is  granted  upon  the  express  condition:  that  if  the  said 
C.  D.  shall  observe  and  obey  all  ordinances  of  the  city  which  are  or  may  be  in 
force  regulating  or  relating  to  his  said  business,  then  this  license  shall  be  valid  for 
the  period  aforesaid  ;  otherwise  it  may  be  annulled,  revoked,  or  forfeited  at  the  op¬ 
tion  of  the  City  Council,  or  in  any  other  manner  provided  by  ordinance. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and 
caused  the  corporate  seal  of  said  city  to  be  affixed  at: 

Tseal.!  the  Mayor’s  office  in  said  city  of  Warsaw,  this  - day 

of  - ,  A.  D.,  185—. 

Countersigned  and  registered. 

A.  B.,  Mayor. 

E.  F.,  City  Clerk. 

Sec.  8.  The  City  Marshal  shall  enforce  all  ordinances  in  relation  to  licenses, 
and  shall,  from  time  to  time,  examine  the  license  register,  and  prosecute  all  persons 
who  may  be  acting  without  license,  and  shall  collect  from  them  the  sum  which  may 
be  taxed  for  their  license  ;  and  he  shall  be  entitled  to  a  commission  of  fifty  cents 
for  each  license  so  collected  by  him,  to  be  paid  by  the  person  to  be  licensed  ;  and 
his  receipt  shall  be  good  to  the  extent  and  purport  thereof  ;  but  no  person  shall  be 
considered  as  licensed,  until  license  shall  be  issued  in  due  form  as  required  by  or¬ 
dinance. 

DIVISION  II. - AUCTIONEERS.* 

Section  1.  No  person  shall  pursue  the  business  of  an  auctioneer,  or  sell  goods 

•See  State  Constitution,  Art  IX,  Sec.  2.  The  license  law,  chapter  64  Rev.  Stat., 
1845,  does  not  conflict  with  that*  provision  of  the  Constitution  requiring  all  taxation 
to  be  by  valuation  and  uniform.  People  vs.  Thurber,  13  Ills.  Rep.,  554.  See  also 


92 


ORDINANCES. 


or  property  at  auction,  except  under  legal  process,  without  a  license  therefor,  under 
a  penalty  of  not  less  than  five  dollars  for  each  sale  made. 

Sec.  2.  For  a  license  to  pursue  the  business  of  an  auctioneer,  or  to  sell  goods 
or  property  at  auction,  there  shall  be  taxed  and  collected  twelve  dollars  for  six 
months,  and  twenty  dollars  for  one  year. 

Sec.  3.  Before  a  license  shall  be  issued  to  any  person  to  pursue  the  business  of 
,an  auctioneer,  or  to  sell  goods  or  property  at  auction,  he  shall  file  bond  in  the  sum 
|of  three  thousand  dollars,  with  two  or  more  sureties  to  be  approved  by  the  Mayor, 
and  conditioned  for  the  prompt  payment  of  all  moneys,  and  the  delivery  of  all 
goods  that  may  come  into  his  hands  in  his  business,  to  the  person  entitled  to  receive 
the  same ;  and  which  bond  may  be  sued  on  in  the  name  of  the  city,  by  any  person 
damaged  by  a  breach  of  its  conditions. 

Sec.  4.  Every  auctioneer  shall  make  a  written  report  to  the  City  Council  or  the 
City  Clerk,  once  in  every  three  months ;  which  report  shall  be  under  oath  and  shall 
set  forth  the  names  of  persons  for  whom  he  may  have  made  sales;  the  time  of 
each  sale,  the  kind  of  property,  and  amount  sold  for  each  person,  and  the  total 
amount  of  sales  for  the  preceding  three  months,  and  which  report  shall  distinguish 
between  property  brought  to  the  city  to  be  sold  at  auction  and  that  brought  for  pri¬ 
vate  and  other  purposes  in  the  ordinary  routine  of  business  ;  and  for  the  purpose  of 
enabling  such  auctioneers  to  ascertain  this  fact,  he  may  require  any  person  procur¬ 
ing  such  sale  to  be  sworn  and  examined  in  this  respect.  And  such  auctioneer  shall 
at  the  time  of  making  such  report  pay  the  City  Treasurer  for  the  use  of  the  city  five 
per  centum  on  all  sales  of  property  brought  to  the  city,  to  be  sold  at  auction,  and 
one-half  per  centum  on  all  other  sales. 

Sec.  5.  Every  auctioneer  aforesaid,  who  shall  fail  to  make  the  report  provided 
for  in  the  fourth  section  of  this  ordinance,  or  who  shall  make  a  false  report,  or  who 
shall  exercise  the  business,  or  hold  himself  out  as  a  common  auctioneer  within  the 
city,  without  license,  and  every  person  procuring  any  property  to  be  sold  at  auction, 
who  shall  refuse  to  make  the  oath  and  submit  to  the  examination  mentioned  in  said 
section  of  this  ordinance,  shall  be  subject  to  the  same  forfeitures  and  penalties  pro¬ 
vided  for  in  the  seventh  section  of  this  ordinance. 

DIVISION  III. - BILLIARD  ROOMS  AND  BALL  ALLEYS. 

Section  1.  No  person  shall  keep  any  billiard  or  bagatelle  table,  or  a  ball  or  pin 
alley,  to  be  used  or  played  upon  by  others  for  hire  or  gain,  without  a  license  there¬ 
for,  under  a  penalty  of  not  less  than  five  dollars  for  each  person  who  may  be  per¬ 
mitted  to  play  thereon  for  hire  or  gain. 

Sec.  2.  There  shall  be  taxed  and  collected  for  a  license  to  keep  billiard  or  bag¬ 
atelle  tables  for  one  year,  twenty-five  dollars  for  one  table,  forty  dollars  for  two 


Sawyer  vs.  Alton,  3  Scam.  Rep.  130.  The  23d  Section  of  said  act  which  requires 
the  agent  of  any  foreign  insurance  company  to  pay  three  per  cent,  upon  the  amount 
of  all  premiums  received  by  him  into  the  county  treasury,  is  constitutional.  Sami 

case. 


LICENSES. 


03 


tables,  and  fifteen  dollars  for  each  additional  table.  There  shall  be  taxed  and 
collected  for  a  license  to  keep  a  pin  or  ball  alley  for  one  year,  twenty-five  dollars 
for  one  alley,  forty  dollars  for  two  alleys,  and  fifteen  dollars  for  each  additional 
alley. 

Sf.c.  3.  No  keeper  of  a  billiard  or  bagatelle  table,  or  ball  or  pin  alley,  shall  sutler  or 
permit  any  minor  to  frequent  or  loiter  about  the  premises  occupied  by  him.  or  to  play  or 
roll  upc  n  his  table  or  alley  without  the  previous  consent  of  the  parent,  master  or 
guardian  of  such  minor ;  nor  shall  sell  or  deliver  any  intoxicating  liquors  on  the 
premises  occupied  by  said  tables  or  alley,  nor  shall  suffer  or  permit  any  riotous, 
noisy  or  disorderly  conduct  upon  the  premises  occupied  by  him  to  the  disturbance 
or  annoyance  of  the  neighborhood,  under  a  penalty  of  not  less  than  twenty* five  dol¬ 
lars  and  a  forfeiture  of  his  license. 

DIVISION  IV. - BROKERS,  INNKEEPERS  AND  ORDINARIES. 

9  i  *  *  ‘  t 

Section  1.  No  person  shall  pursue  or  carry  on  the  business  of  dealing  in,  or 
buying,  selling,  discounting,  or  what  is  commonly  known  as  shaving  of,  bills  of 
exchange,  checks,  drafts,  bank  notes,  promissory  notes,  bonds,  or  other  writing* 
obligatory,  or  of  buying  or  procuring  of  gold  and  silver  coin  to  dispose  of  the 
same  for  gain  or  a  premium,  without  a  license  therefor,  under  a  penalty  of  not  less 
than  fifty  dollars. 

Sec.  2.  Before  any  license  shall  be  gi  anted  to  any  person  applying  therefor  as 
a  money,  stock,  or  exchange  broker,  he  shall  file  with  the  City  Clerk  a  statement, 
under  oath,  if  required,  showing  the  amount  of  capital  invested,  the  amount  of  bu¬ 
siness  transacted  during  the  previous  year,  and  the  profits  of  such  business  ;  or  if 
he  shall  not  have  been  engaged  in  business,  his  statement  shall  show  the  amount  of 
capital  he  proposes  to  invest,  the  amount  of  business  reasonably  expected  to  be 
transacted,  and  the  supposed  profits  of  such  business,  and  the  City  Council  shall 
assess  for  such  license,  such  a  sum  as  may  be  deemed  a  reasonable  tax  upon  such 
business  and  the  profits  thereof;  but  the  tax  assessed  for  a  license  shall  not  be  less 
than  twenty-five  dollars,  nor  exceeding  three  hundred  dollars  for  one  year. 

Sec.  3.  No  person  shall  pursue  the  business  of  a  real  estate  broker  without  a 
license  therefor,  under  a  penalty  of  not  less  than  twenty-five  dollars.  A  real  estate 
broker  shall  be  deemed  any  person  who  is  engaged  in  the  business  of  selling,  or  in 
negotiating  the  sale  or  purchase  of  real  estate  belonging  to  others,  for  a  commis¬ 
sion  or  other  compensation.  There  shall  be  taxed  by  the  City  Council  and  collect¬ 
ed  for  a  license  to  pursue  the  business  of  a  real  estate  broker,  not  less  than  five, 
and  not  exceeding  one  hundred  dollars  for  one  year. 

Sec.  4.  No  person  shall  carry  on  or  pursue  the  business  of  an  innkeeper,  with¬ 
out  a  license  therefor,  under  a  penalty  of  not  less  than  twenty-five  dollars.  An 
innkeeper  shall  be  deemed  any  person  who  keeps  a  house  of  public  entertainment, 
and  for  a  compensation  furnishes  lodging,  or  provisions,  or  both,  to  travellers  and. 
others.  There  shall  be  taxed  by  the  City  Council,  and  collected,  for  a  license  to 
pursue  the  business  of  an  innkeeper  not  less  than  five  and  not  exceeding  one  hun¬ 
dred  dollars  for  one  year. 

Sec.  5.  No  person  shall  own,  keep  or  conduct  an  ordinary  without  a  license 
therefor,  under  a  penalty  of  not  less  than  five  dollars.  An  ordinary  shall  be  deem¬ 
ed  any  eating  house,  or  other  place  where  any  kind  of  food  or  ealable  is  sold  to  be 
eaten  at  the  place  of  sale.  There  shall  be  taxed  by  the  City  Council  and  collected. 


n 


ORDINANCES. 


for  a  license  to  keep  an  ordinary,  not  less  than  five  and  not  exceeding  fifty  dollar* 
for  one  year. 

BIVISTON  V. - EXHIBITIONS,  SHOWS  AND  AMUSEMENTS. 

Section  1.  No  person  shall  give  or  exhibit  any  theatrical  or  other  exhibition 
show,  or  amusement,  where  money  is  charged  for  admission  thereto,  without  a 
license  therefor,  under  a  penalty  of  not  less  than  double  the  amount  herein  assessed 
and  taxed  for  such  license. 

Sec.  2.  For  fairs,  or  lectures  given  before  any  society,  or  concerts,  or  other 
exhibitions  or  amusements  given  exclusively  by  citizens  of  the  city,  no  license  shall 
be  required ;  and  when  any  exhibition  or  amusement  for  which  license  is  required, 
shall  be  given  for  any  charitable  or  benevolent  purpose,  the  amount  of  the  license 
shall  be  appropriated  to  such  object  by  the  Mayor. 

Sec.  3.  For  a  license  for  the  exhibition  of  any  circus,  menagerie,  or  other  like 
exhibition,  there  shall  be  taxed  and  collected,  not  less  than  twenty-five  dollars  for  two 
exhibitions  or  less,  and  not  less  than  fifteen  dollars  for  each  exhibition  there¬ 
after  ;  not  including  side  shows  or  other  exhibitions  travelling  therewith  or  attached 
thereto,  which  shall  be  taxed  for  a  license  not  less  than  two  dollars  each.  For  a 
license  for  any  other  exhibition,  show  or  amusement,  there  shall  be  taxed  and  col¬ 
lected  not  less  than  three  dollars  for  any  single  exhibition,  and  not  less  than  two 
dollars  for  each  exhibition  thereafter. 

Sec.  4.  Any  person  giving  or  conducting  any  exhibition,  show,  or  amusement, 
shall  preserve  good  order  in  and  about  his  place  of  exhibition  or  amusement,  and 
if  necessary  for  that  purpose  shall  employ,  at  his  own  expense,  a  sufficient  police 
force. 

Sec.  5.  Any  person  who  shall  conduct  himself  in  a  riotous  or  disorderly  man¬ 
ner  at  any  place  of  exhibition  or  amusement,  shall  be  subject  to  a  penalty  of  not 
less  than  three  dollars.  And  if  any  person  belonging  to  or  connected  with  any  such 
show  or  exhibition  shall  conduct  himself  in  a  riotous  or  disorderly  manner,  or  cause 
any  disturbance  or  breach  of  the  peace  at  the  place  of  exhibition,  the  license  of 
such  show  or  exhibition  may  be  revoked  or  forfeited  in  the  discretion  of  the  Mayor 
or  any  Police  Magistrate,  and  no  license  shall  thereafter  be  granted  for  such  exhi¬ 
bition,  unless  for  good  cause  shown,  with  the  consent  of  the  City  Council. 

DIVISION  VI. - LUMBER. 

Section  1.  No  owner  or  agent,  or  commander  of  any  steamboat,  raft,  or  other 
craft,  or  any  other  person  not  an  actual  resident  of  this  city,  shall  be  allowed  to 
sell  within  the  limits  of  this  city,  any  lumber,  shingles,  lath  or  square  timber,  ex¬ 
cept  to  lumber  merchants,  or  unless  the  same  shall  have  been  manufactured  within 
the  city  of  Warsaw  or  county  of  Hancock,  without  having  obtained  a  license  from 
the  city  therefor ;  for  which  license  each  person  applying  for  the  same  shall  pay 
two  per  cent,  on  the  amount  of  his  stock  proposed  to  be  offered  for  sale  by  him  duly 
certified  and  sworn  to. 

Sec.  2.  It  shall  be  the  duty  of  the  City  Harbor  Master,  Police  Constable  and  of 
the  City  Marshal,  to  inform  all  lumber  dealers  of  the  city  and  all  persons  landing 
for  sale  any  lumDer  or  raft  of  lumber  within  the  city,  of  the  provisions  of  this 
ordinance,  and  to  collect  and  pay  over  to  the  City  Clerk  from  all  raftsmen,  agents 
or  other  persons  embraced  within  the  provisions  of  this  ordinance,  the  per  centage 


LICENSES. 


9a> 

and  tax  imposed  by  this  ordinance.  It  shall  be  the  duty  of  said  Harbor  Master, 
Police  Constable  and  of  said  City  Marshal,  to  cause  all  persons  violating  the  pro¬ 
visions  of  this  ordinance,  to  be  prosecuted  and  the  penalties  herein  provided  for  to 

be  collected  ;  Provided,  that  the  failure  to  give  the  notice  before  mentioned,  shall 
not  defeat  the  collection  herein  imposed. 

Sec.  3.  Any  person  who  shall  violate  the  provisions  of  the  preceding  sections, 
shall  for  every  offence  forfeit  and  pay  fifty  dollars,  one-half  of  vrhich  shall  be  paid 

to  the  informer,  and  the  balance  into  the  city  treasury,  to  be  recovered  in  the  name 
of  the  city,  as  other  penalties  are  in  case  of  violation  of  city  ordinances. 

DIVISION  VII. - MERCHANTS. 

Section  1.  No  person  shall  set  up  any  store  or  place  for  the  sale  of  merchan¬ 
dise  or  lumber,  after  the  first  day  of  July  and  before  the  first  day  of  May  following, 
(unless  the  personal  effects  of  such  person  have  been  duly  assessed  for  the  current 
fiscal  year  by  the  City  Assessor,)  \yithout  having  first  obtained  from  the  city  a 

license  therefor,  under  a  penalty  of  not  less  than  five  or  more  than  one  hundred 
dollars. 

Sec.  2.  Any  person  or  persons  desiring  a  license  under  the  preceding  section, 
shall  state  in  his,  her  or  their  application  to  the  Mayor,  in  addition  to  the  other  re¬ 
quisites  prescribed  in  section  second,  first  division,  of  this  ordinance,  the  average 
stock  of  merchandise  or  lumber,  said  applicant  designs  to  keep  on  hand,  and  on  the 
granting  of  said  application,  the  Clerk  shall  issue  a  license  to  such  applicant,  to 
tei  minate  on  the  first  day  of  May  following ;  and  there  shall  be  taxed  and  collected 
for  such  license,  the  sum  of  ten  cents  for  every  one  hundred  dollars  average  stock, 

for  each  month  (rejecting  fractions  of  a  month,)  which  may  intervene  between 
the  date  of  said  license  and  the  time  when  the  same  may  expire. 

DIVISION  VIII. — PEDDLERS. 

Section  1.  No  person  shall  hawk  or  peddle  any  merchandise  or  other  article 

of  value  in  the  city,  without  a  license  therefor,  under  a  penalty  of  not  less  than 
five  dollars. 

Sfc.  2.  All  sales  of  goods  or  merchandise  made  by  persons  remaining  transient¬ 
ly  in  the  city  for  the  purpose  of  selling  or  disposing  of  the  same  by  retail,  or  by 
persons  travelling  or  going  about  from  one  place  to  another  with  goods  or  merch¬ 
andise,  and  selling  or  disposing  of  the  same  by  retail,  whether  in  any  temporal y 
place  of  business  or  otherwise,  shall  be  deemed  peddling  under  the  provisions 
hereof. 

Sec.  3.  For  a  license  to  hawk  or  peddle,  there  shall  be  taxed  and  collected,  not 
less  than  tw'o  dollars  for  two  weeks  or  less,  not  less  than  five  dollars  for  one  month 
or  less,  and  not  less  than  three  dollars  for  each  month  thereafter.  No  license  shall 

be  required  for  peddling  or  vending  of  marketing,  vegetables,  fruit,  cakes,  nuts,  or 
other  like  refreshments. 

Sec.  4.  No  peddler  shall  enter  any  private  dwelling  in  this  city  without  being 
admitted  into  the  same,  or  shall  insist  upon  the  showing  or  sale  of  his  goods  or 
wares  to  any  person  after  being  told  by  such  person  that  he  or  she  does  not  wish  to 
purchase  the  same,  or  shall  otherwise  vex  or  annoy  any  person,  under  a  penalty  of 
not  less  than  three  dollars  and  the  forfeiture  of  his  license  in  the  discretion  of  the 

City  Council,  or  of  the  Police  Magistrate  or  other  coui’t  before  whom  conviction 
may  be  had;  and  at  no  time  thereafter  shall  he  be  licensed,  unless  for  good  cause 
shown,  the  City  Council  shall  remove  his  disability. 


96 


ORDINANCES. 


DIVISION  IX. — WAGONS  AND  DRAYS. 

Section  1.  No  person  shall  pursue  the  occupation  of  carrying  goods  and  prop¬ 
erty  for  hire  in  any  vehicle  from  one  place  to  another  within  the  city,  oi  shall  keep, 
own,  or  use  any  dray,  wagon,  or  other  vehicle  for  the  purpose  of  carrying  articles 
or  property  for  hire  from  one  place  to  another  within  the  city,  without  a  license 
therefor,  under  a  penalty  of  one  dollar  for  each  load  or  parcel  so  carried  without 
license. 

Sec.  2.  For  a  license  to  pursue  the  business  or  occupation  of  carrying  goods  or 
property  for  hire  upon  a  dray,  wagon,  or  other  like  vehicle  within  the  city,  there 
shall  be  taxed  and  collected  three  dollars  upon  each  for  six  months,  and  five  dollars 
for  one  year. 

Sec.  3.  For  wagons  or  other  vehicles  kept  or  used  by  merchants,  lumbermen, 
or  other  persons,  for  the  deliver}'-  without  charge  of  articles  or  property  sold  by 
them,  or  for  the  carrying  of  their  own  property,  or  the  accommodation  of  their  own 
business,  or  for  the  hauling  of  earth  or  building  material,  or  for  hauling  without 
and  beyond  the  city,  or  by  hotel  keepers  for  the  delivery  without  charge  of  the 
baggage  of  their  guests,  no  license  shall  be  required. 

Sec.  4.  The  City  Clerk  shall  write  in  the  license  and  indorse  thereon  the  num¬ 
ber  or  other  designation  of  the  dray  or  other  vehicle,  and  register  the  same  j  and 
the  person  licensed  shall  cause  such  number  and  designation  to  be  at  all  times  con¬ 
spicuously  and  legibly  painted  or  affixed  on  the  outside  of  the  bed  or  shaft  thereof, 
under  a  penalty  of  one  dollar  for  each  day  such  dray  or  other  vehicle  may  be  used 
without  being  numbered  or  designated  as  is  herein  required. 

Sec.  5.  Any  drayman  or  other  person  licensed,  may  charge  and  receive  not  ex¬ 
ceeding  twenty-five  cents  for  each  load  carried  the  distance  of  ten  blocks  or  less, 
and  not  exceeding  forty  cents  for  each  load  carried  to  any  place  within  the 
city  exceeding  the  distance  of  ten  blocks.  For  each  load  carried  in  a  two-horse 
wagon,  not  exceeding  twenty-five  cents  may  be  charged  for  any  distance  not  ex¬ 
ceeding  ten  blocks,  and  not  exceeding  fifty  cents  for  any  distance  within  the 
city  exceeding  ten  blocks.  For  each  load  carried  in  a  furniture  car  or  furniture 
wagon,  not  exceeding  fifty  cents  may  be  charged  for  any  distance  within  the  city. 

Sec.  6.  No  drayman  or  other  person  licensed,  or  hack  or  omnibus  driver,  shall 
at  any  steamboat  landing,  railroad  station  or  elsewhere,  conduct  himself  in  a  riot¬ 
ous  or  disorderly  manner,  or  use  indecent,  profane,  or  abusive  language  toward  any 
person,  or  unnecessarily  snap  or  flourish  his  whip,  or  otherwise  vex  or  annoy  any 
traveller  or  other  person,  or  obstruct  any  sidewalk,  street  or  alley  crossing,  street, 
or  other  public  passage,  under  a  penalty  of  not  less  than  three  dollars  in  each  case. 

Sec.  7.  No  drayman  or  other  peison  so  licensed  under  the  provisions  hereof, 
shall,  when  requested,  unless  actually  employed  at  the  time,  refuse  to  carry  any 
article  or  load,  or  shall  charge  any  greater  sum  than  is  herein  specified  for  the  car¬ 
riage  of  any  load,  under  a  penalty  of  three  dollars  in  each  case. 

Sec.  8.  No  owner  or  driver  of  any  wagon,  dray,  or  other  vehicle,  shall  make  a 
permanent  stand  or  place  of  stopping  in  front  of  any  premises  without  the  consent 
of  the  owner  or  occupant  of  the  same,  under  a  penalty  of  three  dollars. 

Sec.  9.  The  City  Marshal  shall  designate  stands  for  licensed  drays  and  other 
vehicles,  or  for  omnibusses  or  carnages  belonging  to  any  hotel,  upon  any  street  at 
or  adjacent  to  the  steamboat  landing  or  railroad  depots  or  stations  within  the  city, 
while  waiting  for  the  arrival  or  departuie  of  boats  or  passenger  trains  ;  and  any 


LIQUORS. 


97 


person  who  shall  occupy  any  other  stand  than  the  one  allotted  to  him,  shall  be  sub¬ 
ject  to  a  penalty  of  three  dollars. 

Sec.  10.  Each  person  licensed  under  the  provisions  hereof,  shall,  at  all  times, 
keep  a  certified  copy  of  the  sixth  section  hereof,  and  shall  produce  the  same  for 
the  inspection  of  any  person  employing  him  who  shall  demand  the  same,  under  a 
penalty  of  three  dollars  ;  and  if  any  such  person  shall  exhibit  or  produce  to  any 
person  employing  him  a  false  copy  thereof,  he  shall  be  subject  to  a  penalty  of 
twenty-five  dollars. 

Passed,  July  2,  1859. 


CHAPTER  XVI. 

LIQUORS.* * 

An  Ordinance  relating  to  the  sale  of  intoxicating  Liquors. 

Section  1.  No  person  shall,  within  the  city,  by  himself,  his  servant,  or  cleric, 
except  for  the  purpose  of  purely  medicinal,  mechanical  or  sacramental,)  barter, 
sell,  exchange  or  deliver,  or  otherwise  dispose  of  for  money  or  gain  or  any  thing 
of  value.,  or  any  check  or  other  thing  representing  or  intending  to  represent  any 
money,  or  other  thing  of  value,  any  vinous,  spirituous,  fermented,  mixed,  malt,  or 
other  intoxicating  liquor  whatever,  in  a  less  quantity  than  one  gallon,  to  be  carried 
away  at  one  time  from  the  place  of  sale  or  delivery  without  a  license  therefor,  in 
accordance  with  the  requirements  hereof,  under  a  penalty  of  not  less  than  twenty- 
five  dollars  for  each  offense. 

Sec.  2.  The  City  Council  may  in  their  discretion,  grant  license  for  one  year,  to 
such  person  or  persons  as  may  apply  therefor,  to  retail  liquors  in  any  quantity  less 
than  one  gallon,  upon  such  person  or  persons  paying  into  the  city  treasury  the  sum 
of  one  hundred  and  fifty  dollars,  and  entering  into  bond  in  the  manner  required  in 
the  fifth  section  hereof. 

Sec.  3.  The  City  Council  may  also  in  their  discretion,  grant  license  for  one 
year,  to  such  person  or  persons  as  may  apply  therefor,  to  retail  malt  liquors  only, 
in  any  quantity  less  than  one  gallon,  upon  such  person  or  persons  paying  info  the 
city  treasury  the  sum  of  one  hundred  dollars,  and  entering  into  bond  in  the  manner 
required  in  the  fifth  section  hereof. 

Sec.  4.  Any  person  licensed  under  the  provisions  of  the  preceding  section  who 
shall  sell,  barter,  exchange,  or  deliver  for  money  or  gain,  or  any  thing  of  value,  or 
for  any  check  or  other  thing  representing  or  intending  to  represent  any  money  or 
other  thing  of  value,  any  vinous,  spirituous,  mixed,  fermented,  or  other  intoxicating 
liquors  or  beverage  whatever,  (except  malt  liquors,)  or  who  shall  suffer  or  permit: 
any  such  liquor  or  beverage  to  be  used  or  drank  upon  the  premises,  or  ia  any  place 
adjacent  thereto  under  his  control,  shall  be  subject  to  a  penalty  of  not  less  than  fifty 
dollars  in  each  case  for  each  offense. 


*A  municipal  corporation  with  power  to  declare  what  shall  be  deemed  a  nuisance, 
etc.,  may  by  Ordinance,  declare  the  selling  of  intoxicating  liquors  a  nuisance,  and 
impose  penalties  for  the  violation  of  such  ordinance.  Goddard  vs.  Jacksonville,  15 
Ills.  Rep.  588. 

*7  - 

i 


93 


ORDINANCES. 


Sec.  5.  Before  a  license  shall  he  issued  to  any  person  to  retail  liquors  under  the 
provisions  hereof,  such  person  shall  execute  bond  to  the  city  of  Warsaw  in  the  sum 
of  one  thousand  dollars,  liquidated  damages,  signed  by  at  least  two  freeholders  of 
the  city,  each  to  the  value  of  the  penalty  of  the  bond  at  least,  as  sureties,  to  he  ap¬ 
proved  by  the  City  Council,  and  conditioned  that  the  person  to  whom  such  license  is 
granted,  shall  observe  and  obey  all  laws  and  ordinances  now  in  force,  or  such  as 
may  hereafter  he  in  force  regulating  and  governing  retailers  of  liquors.  Such  bond 
shall  he  filed  in  the  office  of  the  Clerk,  and  any  breach  of  its  conditions  shall  work 
a  forfeiture  of  the  whole  penalty  thereof,  the  amount  of  which  shall  he  recovered 
before  any  court  having  jurisdiction. 

Sec.  6.  No  retailer  of  liquors  licensed  under  the  provisions  hereof,  shall  by  him¬ 
self,  his  servant,  or  clerk,  suffer  or  permit  any  person  to  drink  to  excess  or  drunken¬ 
ness  in  his  premises,  nor  shall  suffer  or  permit  any  species  of  gaming  in  any  part 
thereof,  or  in  any  place  adjacent  thereto  under  his  control,  under  a  penalty  of  cot 
less  than  twenty-five  dollars  in  each  case. 

Sec.  7.  No  retailer  of  liquors  licensed  under  the  provisions  hereof  shall  on 
Sunday  keep  open,  or  suffer  or  permit  to  be  kept  open  any  part  of  his  place  of  busi¬ 
ness,  nor  shall  on  Sunday  in  any  manner  sell  or  deliver  any  intoxicating  or  malt 
liquors  or  beverage  whatever,  or  suffer  or  permit  any  such  liquors  or  beverage  to  be 
used  or  drank  at  his  place  of  business,  or  in  any  place  adjacent  thereto  under  his 
control,  nor  shall  on  Sunday  admit  any  person  into  his  place  of  business  not  belong¬ 
ing  thereto  or  connected  therewith,  under  a  penalty  of  not  less  than  twenty-five  dol¬ 
lars  in  each  case. 

Sec.  8.  No  retailer  of  liquors  shall  keep  open  or  suffer  to  keep  open  his  place  of 
business  at  a  later  hour  than  eleven  o’clock,  P.  M.,  nor  shall  suffer  any  person  not 
belonging  thereto  or  connected  therewith,  to  remain  in  any  part  thereof  after  that 
hour,  under  a  penalty  of  not  less  than  five  dollars  in  each  case. 

Sec.  9.  No  retailer  of  liquors  licensed  under  the  provisions  hereof,  shall  in  any 
manner  sell,  give,  or  deliver,  any  intoxicating  or  malt  liquor  or  beverage  whatever, 
to  any  minor,  without  the  permission  of  his  parent  or  guardian,  or  to  any  intoxicat¬ 
ed  person,  nor  shall  harbor,  or  entice  or  suffer  any  minor  or  intoxicated  person  to 
remain  or  loiter  in  or  about  his  place  of  business,  under  a  penalty  of  not  less  than 
ten  dollars  in  each  case. 

Sec.  10.  Each  retailer  of  liquors  licensed  under  the  provisions  hereof,  shall, 
without  delay,  notify  any  minor  or  intoxicated  person  who  may  frequent  or  loiter  in 
or  about  his  place  of  business,  to  leave  and  quit  the  same,  and  if  he  shall  neglect  or 
refuse  to  do  so,  such  retailer  may  arrest  him  and  take  him  before  any  Police  Magis¬ 
trate,  or  may  deliver  him  into  the  custody  of  the  Marshal  or  any  Police  Constable, 
to  be  by  him  retained  in  custodjr  until  he  can  be  brought  before  a  competent  court 
or  magistrate,  or  he  may  make  complaint  before  any  Police  Magistrate  and  cause 
such  minor  or  intoxicated  person  to  be  arrested  and  prosecuted,  and  no  minor  or  in¬ 
toxicated  person  shall  frequent  or  loiter  in  or  about  any  grocery  or  other  place  where 
intoxicating  or  malt  liquors  are  sold  by  retail,  after  being  notified  or  requested  by 
the  owner  or  keeper  thereof,  or  any  police  officer  to  leave  or  quit  the  same,  under  a 
penalty  of  not  less  than  five  dollars. 

Sec.  11.  No  retailer  of  liquors  licensed  under  the  provisions  hereof,  nor  any 
other  person  shall  sell,  give,  or  deliver  any  intoxicating  or  malt  liquors  or  beverage 
whatever,  to  any  habitual  drunkard  or  habitually  intoxicated  person,  after  being 
notified  by  the  wife,  parent  or  other  relative  of  such  person  that  he  is  an  habitual 


LIQUORS. 


99 


drunkard,  or  habitually  intoxicated  person,  and  requesting  such  retailer  or  other  per¬ 
son  not  to  sell,  give,  or  deliver  him  any  such  liquors  or  beverage,  under  a  penalty 
of  not  less  than  twenty-five  dollars. 

Sec.  12.  No  retailer  of  liquors  licensed  under  the  provisions  hereof,  shall  suffer 
any  loud  or  boisterous  talking,  or  obscene  or  profane  language,  quarreling,  singing, 
fighting  or  other  disturbance,  in  or  about  his  place  of  business,  or  in  any  place  adja¬ 
cent  thereto  under  his  control,  to  the  annoyance  or  disturbance  of  persons  passing 
along  any  street,  or  public  place  in  the  vicinity  thereof,  or  to  the  disturbance  of  the 
peace  and  quiet  of  persons  doing  business,  or  residing  in  the  neighborhood  thereof, 
under  a  penalty  of  not  less  than  five  dollars  for  each  offense. 

Sec.  13.  Whoever  shall  make  any  such  noise  or  disturbance  mentioned  in  the 
preceding  section,  or  shall  speak  any  profane,  indecent,  insulting,  or  obscene  lan¬ 
guage  in  any  public  place  loud  enough  to  be  overheard  by  persons  passing,  and  in 
the  presence  of  or  while  any  female  may  be  near  enough  to  be  likely  to  hear  the 
same,  shall  be  subject  to  a  penalty  of  not  less  than  five  dollars  in  each  case. 

Sec.  14.  Any  retailer  of  liquors  is  hereby  authorized  to  arrest  any  person  mak¬ 
ing  any  disturbance,  or  violating  the  provisions  hereof  in  his  house  or  premises,  and 
to  take  such  person  before  any  Police  Magistrate,  or  deliver  him  into  the  custody  of 
the  Marshal  or  any* Police  Constable,  to  be  by  him  retained  in  custody  until  he  can 
be  brought  before  a  competent  court  or  magistrate,  or  he  may  make  complaint  before 
any  Police  Magistrate  and  cause  such  person  to  be  arrested  and  prosecuted. 

Sec.  15.  If  any  retailer  of  liquors  shall  violate  any  of  the  provisions  of  the 
seventh  and  eighth  sections  hereof,  the  City  Marshal  or  any  Police  Constable  may 
enter  and  close  his  place  of  business  and  keep  it  closed  until  the  next  morning,  and 
may  take  possession  of  the  keys  or  fastenings  thereof,  and  shall  have  power  to  turn 
out  all  persons  found  therein  not  belonging  to  the  premises,  and  all  offenders  shall  be 
prosecuted  before  any  Police  Magistrate  or  other  competent  court,  and  shall  be  sub¬ 
ject  to  the  penalties  prescribed  in  the  preceding  sections  hereof. 

Sec.  16.  The  City  Marshal  and  Police  Constables  shall  see  that  the  provisions 
hereof  are  strictly  observed  and  enforced,  and  shall  prosecute  all  violations  of  the 
same,  and  in  their  default,  any  person  may  make  the  proper  complaint  of  such  vio¬ 
lation  before  any  Police  Magistrate  and  have  the  offender  prosecuted  as  in  other 
cases.  And  it  shall  be  the  duty  of  the  City  Marshal  and  all  Police  Constables,  at 
all  times  to  arrest  or  cause  to  be  arrested  and  prosecuted,  without  delay,  all  persons 
who  may  be  found  intoxicated  or  riotous  in  any  public  place. 

Sec.  17.  All  subterfuges  and  evasions  for  the  purpose  of  avoiding  the  require¬ 
ments  or  provisions  hereof,  are  hereby  declared  to  be  within  the  meaning  and  intent 
and  shall  be  deemed  violations  thereof. 

Sec.  18.  Every  retailer  of  liquors  licensed  under  the  provisions  of  the  second 

and  third  sections  hereof,  shall  keep  a  copy  of  this  ordinance  posted  up  in  some  con¬ 
spicuous  place  in  his  place  of  business. 

Sec.  19.  This  ordinance  shall  be  in  force  from  and  after  its  due  publication,  and 
all  ordinances  contrary  to  the  provisions  hereof  are  hereby  repealed.  But  no  fine, 
forfeiture,  penalty,  right,  action,  suit,  debt  or  other  liability  whatsoever,  created, 
instituted,  incurred  or  accrued,  by  or  under  any  ordinance  heretofore  passed  in  rela¬ 
tion  to  intoxicating  liquors,  shall  be  released,  discharged,  annulled,  repealed,  or  m 
any  wise  affected,  but  the  same  may  be  prosecuted,  recovered,  or  enjoyed,  or  any 
suit  or  other  proceeding  be  commenced  or  completed  thereon  as  fully  , and  in  the  same 

manner  in  all  respects  as  if  such  ordinance  had  remained  in  full  force. 

Passed,  July  2,  1859. 


100 


ORDINANCES 


CH  APTE  R  XVII. 

CITY  MARKET. 

An  Ordinance  in  relation  to  the  City  Market. 

Section  1.  The  house  now  owned  by  Joseph  Ochner,  standing  and  being  on 
lot  number  ten,  in  block  number  thirty-six,  in  the  original  town  (now  city)  of 
Warsaw,  in  the  county  of  Hancock  and  state  of  Illinois  is  hereby  created  and  de¬ 
clared  to  be  a  public  Market  House. 

Sec.  2.  There  shall  be  and  Here  is  hereby  created  the  office  of  Clerk  of  the 
Market,  who  shall  be  appointed  in  the  same  manner  as  other  city  officers,  and  who 
shall,  before  entering  the  duties  of  his  office,  give  bond  to  the  city  of  Warsaw  in 
the  sum  of  one  thousand  dollars,  conditioned  for  the  faithful  discharge  of  his  duties, 
and  shall  also  subscribe  an  oath  or  affirmation,  that  he  will  impartially  and  to  the 
best  of  his  judgment  and  ability,  discharge  the  duties  of  his  office  ;  and  he  may  be 
removed  at  any  time  by  a  majority  of  the  Council,  for  incompetency  or  any  dire¬ 
liction  or  violation  of  duty,  whenever  the  said  Council  shall  think  the  interests  of 
said  city  require  such  removal,  and,  that  any  vacancy  in  said  office  may  be  filled  at 
any  time,  as  vacancies  in  other  offices  are  filled. 

Sec.  3.  It  shall  be  the  duty  of  the  Clerk  of  the  Market  to  superintend  the  whole 
of  the  market  lot,  and  take  charge  of  the  Market  House  and  all  other  buildings 
and  fixtuies  that  may  be  erected  on  said  market  lot,  so  as  to  prevent  and  punish,  or 
cause  to  be  punished,  all  injuries  and  damages  which  may  be  done  to  the  same  j 
keep  the  market  in  a  clean  and  wholesome  state  ;  prefer  complaints  before  the 
Police  Magistrate’s  court,  for  all  breaches  of  any  ordinance  or  parts  of  ordinances 
relating  to  the  Market,  whenever  suit  is  necessary  to  enforce  the  payment  of  any 
fine,  forfeiture,  or  penalty  accruing  therefrom ;  rent  out  and  lease  from  time  to 
time,  all  stalls,  benches,  blocks,  or  other  privileges  and  appurtenances  thereunto 
belonging,  which  the  City  Council  may  direct  to  be  rented  and  leased  on  the  behalf 
and  in  the  name  of  the  said  city,  for  any  term  not  exceeding  one  year  at  a  time, 
demand,  sue  for,  recover  and  receive  the  rents  accruing,  or  distrain  and  sell  forth¬ 
with  any  property  of  the  lessee,  found  within  the  limits  of  the  said  city  for  the 
same  :  receive  all  fines,  forfeitures  and  penalties  or  other  sums  of  money  accruing 
under  any  provisions  of  any  ordinance  regulating  the  Market ;  keeping  a  true  and 
accurate  account  thereof  in  a  book  kept  for  that  purpose,  and  pay  over  all  such 
moneys  to  the  City  Clerk,  taking  his  receipt  therefor,  and  accounting  with  the  City 
Council  at  each  stated  meeting  ;  maintain  peace  and  good  order  on  and  around  the 
Market  lot  at  all  times,  and  particularly  during  market  hours.  And  the  said  Clerk 
of  the  Market  is  hereby  authorized  whenever  it  shall  be  necessary  to  maintain  peace 
and  good  order,  to  arrest  without  precept  or  warrant  all  persons  who  may  be  found 
in  and  about  said  Market  lot,  drunk,  fighting,  quarrelling,  revelling,  threatening, 
swearing,  blackguarding,  pilfering,  stealing,  robbing,  cheating,  swindling,  or  oth¬ 
erwise  disturbing  the  good  people  at  or  about  said  Market,  or  committing  other  of¬ 
fences  against  the  ordinances  of  said  city,  or  the  laws  of  this  state,  and  confine  such 
offenders  m  the  jail  of  the  county  or  city,  or  hold  them  to  special  bail  until  such 
time  as  his  other  duties  will  enable  him  leasure  to  carry  such  offenders  before  the 
Police  Magistrate’s  court  of  said  city,  or  until  he  shall  have  an  opportunity  of  turn¬ 
ing  such  offenders  over  to  the  custody  of  the  City  Marshal  or  Police  Constable,  to 
be  dealt  with  according  to  the  ordinances  of  said  city  and  the  laws  of  the  land  ; 
and  whenever  it  may  be  necessary  to  require  assistance  in  making  any  such  arrest. 


CITY  MARKET. 


101 


he  may  call  upon  the  by-standers  so  to  assist,  and  every  such  by-stander  shall  ren¬ 
der  such  aid,  or  he  shall  be  subject  to  the  same  penalties  and  proceedings  as  the  of¬ 
fenders.  Provided ,  however ,  that  any  person  so  arrested  may  be  discharged  from 
such  arrest,  on  payment  to  said  Clerk,  Marshal  or  Constable,  all  penalties  that  may 
be  annexed  to  any  of  said  offences. 

Sec.  4.  The  Market  of  the  city  shall  be  open  for  the  sale  of  all  victuals  and  pro¬ 
visions,  from  the  dawn  of  day  until  ten  o’clock,  A.  M.,  and  from  four  o’clock  P.  M. 
until  dark,  from  the  first  day  of  April  until  the  first  day  of  October  ;  and  from  the 
dawn  of  day  until  twelve  o’clock  in  Ihe  forenoon,  and  from  two  o’clock  until  dark 
in  the  afternoon,  during  the  remainder  of  the  year,  Sundays  excepted. 

Sec.  5.  All  victuals  and  provisions,  whatever,  offered  for  sale  in  said  city,  ex¬ 
cept  all  kinds  of  grain,  flour,  meal,  bread,  butter  in  firkins  or  other  vessels,  exceed¬ 
ing  fifteen  pounds  nett  weight ;  cheese,  bacon,  pork  by  the  hog,  beef  by  the  quarter, 
beef  and  pork  by  the  barrel  or  large  cask,  live  cattle,  sheep,  or  hogs,  shall  be 
taken  to  the  Market  House,  there  to  be  sold  at  market  hours  5  and  any  person  vio¬ 
lating  this  section,  whether  vender  or  purchaser,  shall  forfeit  and  pay  for  the  use  of 
said  city,  not  less  than  one  dollar  nor  more  than  five  dollars  for  every  such  offence. 
Provided ,  that  nothing  in  this  section  contained,  shall  prevent  any  person  from 
selling  or  purchasing  any  of  the  articles  specified  herein  out  of  market  hours. 

Sec.  6.  No  person  shall  lead  or  drive  into  the  Market  House  or  on  any  side  walk 
thereof,  any  horse  or  other  beast,  wagon,  cart,  or  carriage  of  any  kind  whatever, 
or  kill  or  slaughter  within  the  limits  of  the  market  lot,  any  beast  of  the  beef,  sheep, 
or  hog  kind,  or  lay  thereon  or  deposite  any  dirt,  filth,  garbage,  dung,  or  offal  there¬ 
in,  under  the  penalty  of  five  dollars  for  the  use  of  said  city,  for  every  such  offence. 

Sec.  7.  No  wagon,  cart,  dray  or  carriage  of  any  description,  shall  stand  nearer 
the  Market  House  than  the  outer  edge  of  the  side  walk,  and  they  shall  be  so  ar¬ 
ranged  as  to  leave  a  space  of  at  least  three  feet  between  them,  and  shall  in  no  case 
whatever,  encroach  on  the  passages  or  avenues  passing  to  or  from  the  Market, 
under  the  penalty  of  two  dollars  for  the  use  of  said  city,  for  each  and  every  offence. 

Sec.  8.  No  person  shall  bring  or  deposit  upon  the  market  lot  any  nuisance,  or 
any,  lumber,  wood,  Jogs,  timber  stone,  lime,  sand,  brick  or  earth,  or  any  hogsheads, 
pipes,  puncheons,  barrels,  casks  or  kegs,  not  containing  provisions  intending  to  be 
sold  at  market  in  the  usual  way,  or  any  boxes  or  crates  containing  merchandise,  or 
other  articles  of  merchandise  not  intended  to  be  sold  in  market  in  the  usual  manner, 
and  every  person  so  offending  shall  forfeit  and  pay  for  the  use  of  said  city,  the  sum 
of  five  dollars  for  each  and  every  offence,  and  a  further  sum  in  each  and  every  case, 
of  ten  dollars  per  day,  for  each  and  every  day,  that  all  or  any  of  said  articles  or 
things  shall  remain  upon  said  lot. 

Sec.  9.  No  butcher  or  other  person  shall  sell  or  expose  to  sale  in  the  Market, 
any  sick  or  diseased  live  animal  usually  eaten  for  food,  and  for  the  purpose  an  1 
with  the  design,  that  the  same  shall  be  immediately  used  for  food,  knowing  or  be¬ 
lieving  the  same  to  be  sick  or  diseased:  and  every  person  so  offending  shall  forfeit 
and  pay,  for  the  use  of  said  city,  a  sum  of  not  less  than  five  nor  more  than  fifty  dol¬ 
lars  ;  Provided ,  that  each  and  every  sick  or  diseased  animal  so  sold  as  aforesaid, 
shall  constitute  a  distinct  and  separate  offence  under  the  provisions  of  this  ordinance. 

Sec.  10.  No  butcher  or  other  person,  shall  sell  or  expose  to  sale  in  the  Market, 
any  dead  flesh  or  fish  which  was  sick,  overheated,  or  worn  or  run  down  by  dogs, 
at  or  before  the  time  when  the  same  was  butchered  or  slain,  or  which  hath  died  a 
violent  or  natural  death  out  of  the  usual  manner  of  slaying  animals,  or  hath  been 


102 


ORDINANCES. 


by  accident  or  casuality,  or  which  is  blown  stupid,  or  in  any  other  way  unsound  ; 
and  no  person  shall  sell  or  expose  to  sale  any  unsound  eggs,  butter,  lard  or  other 
damaged  articles  of  provision;  and  every  person  so  offending  shall  forfeit  and  pay 
for  the  use  of  said  city  a  sum  not  less  than  live  nor  more  than  fifty  dollars  ;  Provided , 
that  each  person  to  whom  such  offenders  shall  have  sold  any  of  said  unsound  arti¬ 
cles,  shall  constitute  a  separate  and  distinct  offence  in  the  vendor;  Provided ,  also , 
that  all  articles  exhibited  in  Market,  as  though  the  same  were  intended  for  sale, 
whether  the  same  be  sold  or  not,  shall  he  and  is  hereby  declared  to  be  an  exposure 
of  the  same  for  sale,  within  the  meaning  of  this  ordinance;  and,  Provided,  further , 
that  if  any  such  offender  shall  be  a  butcher  owning  or  occupying  a  stall,  bench  or 
block  in  the  Market  House,  he  shall  forfeit  his  lease  of  said  stall,  bench,  or  block, 
to  said  city,  and  shall  never  after  be  permitted  to  occupy  any  stall,  bench  or  block 
in  the  Market  House. 

Sec.  11.  No  butcher  or  other  person  shall  sell  or  expose  to  sale  in  the  Market, 
the  flesh  of  any  bull,  boar,  ram,  dog,  cat,  or  the  flesh  of  any  animal  not  commonly 
deemed  wholesome  or  fit  for  food,  without  representing  to  all  persons  wishing  to 
purchase,  the  nature  and  true  quality,  character  and  name  of  such  animal  flesh,  and 
every  person  so  offending  shall  forfeit  and  pay  for  the  use  of  said  city,  for  each  and 
every  offence  the  sum  of  ten  dollars :  and  if  such  offender  be  a  butcher,  and  the 
owner  or  occupant  of  a  stall,  bench,  or  block  in  said  market,  he  shall  forfeit  the 
same  to  said  city,  and  be  subject  to  all  the  disabilities  and  penalties  resulting  from 
such  disabilities  which  are  imposed  on  butchers  by  this  ordinance. 

Sec.  12.  No  person  or  persons  whatever,  not  being  the  owner  or  occupant  of  a 
butcher’s  stall,  bench,  or  block,  in  the  Market  House,  shall  be  permitted  to  cut  up 
and  sell,  or  offer  for  sale  any  kind  of  fresh  meat  by  less  quantity  than  by  the  quar¬ 
ter,  under  the  penalty  of  five  dollars  for  the  use  of  the  said  city,  for  each  and  every 
offence. 

Sec.  13.  No  grocer,  huckster,  or  any  other  dealer  in  provisions,  shall  purchase 
at  Market  more  than  ten  pounds  of  butter,  nor  more  than  six  dozen  of  eggs,  nor 
more  than  two  dozen  of  chickens,  nor  more  than  fifty  pounds  of  bacon  hams, 
either  by  themselves  or  agents,  before  ten  o’clock  every  morning,  and  after  four 
o’clock  in  the  evening,  and  all  persons  bringing  butter  to  market  shall  have  the 
same  weighed  and  sold  by  weight,  and  in  no  other  manner,  under  the  penalty  of 
not  less  than  one  nor  more  than  five  dollars  for  the  use  of  said  city,  for  every  such 
offence. 

Sec.  14.  No  butcher  or  other  person  whomsoever,  shall  sell  or  expose  for  sale 
without  the  limits  of  the  Market,  in  market  hours,  any  victuals  or  provisions  of  any 
kind,  which  have  before  been  purchased  from  any  inhabitant  of  the  country  bring¬ 
ing  or  who  had  brought  the  same  to  the  city  for  sale,  or  within  one  mile  thereof  for 
sale,  under  the  penalty  of  ten  dollars  for  the  use  of  said  city,  for  every  such  offence. 

Sec.  15.  No  person  shall  be  allowed  or  permitted  to  sell,  retail,  give  away,  or 
use  any  wines  or  spirituous  liquors,  or  any  ale,  beer,  porter,  cider,  or  any  brewed, 
fermented  or  mixed  liquors  or  drinks,  in  or  about  the  Market  House,  or  upon  the 
Market  Jot ;  nor  shall  any  person  be  permitted  to  set  up  or  keep,  in  said  Market 
House,  or  upon  any  table,  board,  or  any  contrivance  for  the  purpose  of  eating  or 
drinking,  at,  about  or  on  the  same,  without  the  express  leave  of  the  Clerk  of  the 
Market,  which  leave  shall  not  extend  beyond  the  regular  market  hours  ;  nor  shall 
any  such  table,  board  or  contrivance  be  set  up  or  kept  in  or  upon  any  other  place 
than  such  place  as  shall  be  designated  by  said  Clerk  ;  nor  shall  any  person  be  per- 


CITY  MARKET. 


103 


mitted  or  allowed  to  retail  or  sell  any  meats,  fish,  vegetables,  bread,  or  breadstuff's, 
in  said  Market  House,  or  on  the  lot,  to  be  there  used  or  eaten,  without  leave  of 
said  Clerk,  nor  shall  any  person  be  permitted  or  allowed  to  throw,  place,  or  depos- 
ite,  in  or  upon  said  Market  lot  or  in  the  Market  House,  any  melon  rinds  or  parings 
nor  the  rinds  and  parings  of  any  fruit,  potatoes,  turnips,  or  other  vegetables  ;  nor 
shall  any  person  be  permitted  to  place  or  deposite  upon  said  Market  lot,  or  in  said 
Market  House,  any  refuse,  putrid,  or  offensive  animal  or  vegetable  matter,  nor 
shall  any  person  be  permitted  to  use  or  smoke  any  pipe  or  cigar  in  said  Market 
House,  or  upon  said  Market  lot,  during  market  hours;  nor  shall  any  person  during 
market  hours  kindle  or  burn  upon  said  Market  lot,  or  in  or  about  said  Market 
House,  any,  wood,  turf  coal,  or  other  matter,  or  be  kindled  or  burned  on  any 
other  place  on  said  lot  than  such  place  designated  by  such  Clerk  :  Provided,  how¬ 
ever,  that  it  shall  be  lawful  for  any  person  without  leave,  to  kindle  and  burn  char¬ 
coal  upon  said  Market  lot,  and  in  the  Market  House,  in  close  earthen  or  stone  ves¬ 
sels:  Provided,  that  such  vessels  shall  be  moveable  and  shall  only  be  used  as  afore¬ 
said,  during  market  hours,  and  at  such  places  and  in  such  manner  as  the  Clerk  may 
direct,  and  so  as  to  produce  no  inconvenience  to  persons  being  and  passing  in  and 
about  the  said  Market  House  ;  and  any  person  offending  against  any  prohibitions 
of  this  section,  shall  for  each  and  every  separate  offence,  forfeit  and  pay  for  the  use 
of  said  city,  the  sum  of  ten  dollars. 

Sec.  16.  If  any  person  selling  any  victuals  or  provisions  in  said  Market  House, 
shall  sell  to  any  other  person  any  article  by  weight,  by  false  weights,  or  sell  or  ex¬ 
pose  to  sale,  as  having  been  correctly  weighed  any  such  article,  an  l  as  being  of  a 
certain  weight,  when  in  truth  and' in  fact  the  same  shall  fall  short  thereof,  it  shall 
be  the  duty  of  the  Clerk  of  the  Market  to  take  such  article  or  articles  inco  his  pos¬ 
session,  and  sell  the  same  at  their  true  weight  for  the  use  of  said  city,  not  less  than 
one  nor  more  than  ten  dollars  for  every  such  offence. 

Sec.  17.  The  Clerk  of  the  Market  shall,  under  the  direction  of  the  City  Coun¬ 
cil,  form  a  set  of  rules  for  the  government  of  the  Market,  which  rules  shall  ex¬ 
hibit  all  the  prohibitions  and  penalties  contained  in  this  ordinance  ;  also,  all  regula¬ 
tions  touching  said  Market,  in  a  short  and  condensed  form,  which  rules  shall  be 
printed  on  a  single  sheet  of  good  paper,  in  plain  type,  and  shall  be  smoothly  pasted 
upon  boards  or  canvass  of  sufficient  size,  and  two  at  least  constantly  hung  up,  one 
at  each  end  of  the  Market  House,  and  others  if  necessary,  in  the  center  thereof,  to 
be  kept  and  exhibited  to  all  persons  going  to  said  Market. 

Sec.  18.  It  shall  be  the  duty  of  the  Clerk  of  the  Market  to  execute  permits  to 
all  persons,  authorizing  them  to  sell  eggs,  lard,  butter,  cheese,  fish,  poultry,  wild 
game,  fruits,  and  vegetables  at  the  Market  House,  or  on  the  streets  and  sidewalks 
adjoining  the  same,  according  to  the  rules  governing  said  Market,  upon  the  appli¬ 
cant  paying  to  him  for  a  stall  in  the  Market  House,  or  for  a  stand  outside  the  Mar¬ 
ket  House,  for  the  season,  such  sum  as  the  City  Council  may  from  time  to  time  di¬ 
rect.  v 

Sec.  19.  No  person  or  persons  shall  sell,  barter,  or  exchange  any  eggs,  lard, 
butter,  cheese,  poultry,  wild  game,  fruit  or  vegetables,  which  may  have  been  pur¬ 
chased  by  him  or  them  at  market,  before  the  hour  of  eight  o’clock  A.  M.,  on  any 
day.  All  persons  attending  said  Market  with  any  cart  or  vehicle,  shall  place  the 
same  so  that  the  back  end  thereof  shall  be  towards  and  at  the  side  walk  of  said 
Market,  and  no  such  cart  or  other  vehicle  shall  stand  lengthwise  of  such  sidewalk. 


104 


ORDINANCES. 


Every  person  violating  this  section  shall  forfeit  and  pay  to  the  city  of  Warsaw,  not 
more  than  ten  nor  less  than  three  dollars. 

Sec.  20.  It  shall  be  the  duty  of  the  Clerk  of  the  Market  to  keep  a  market  book, 
in  which  he  shall  keep  a  correct  account  of  all  permits  issued  by  him,  showing  the 
siames  of  the  persons  to  whom  issued,  the  time  the  same  respectively  run,  the 
amount  received  for  each,  the  <ime  the  same  is  issued  and  for  what  purpose,  and 
aiso  of  all  monies  received  by  him  as  Clerk  of  the  Market,  of  whom,  in  what 
amounts  and  where  received,  and  shall  exhibit  the  same  to  the  City  Council,  make 
report  to,  and  settlement  with  the  Council  at  each  stated  meeting  thereof.  He  shall 
pay  over  all  monies  due  the  city  monthly,  to  the  City  Clerk,  and  take  his  receipt 
therefor,  and  the  same  exhibit  to  the  City  Council  on  settlement  with  them.  For 
any  violation  of  this  section  or  of  any  section  of  this  ordinance,  the  Clerk  of  the 
Market  shall  forfeit  and  pay  to  the  city  of  Warsaw,  not  less  than  three  nor  more 
than  ten  dollars. 

Sec.  21.  The  Clerk  of  the  Market  shall  be  provided  with  a  bell,  and  it  shall  be 
his  duty  to  announce  by  the  ringing  of  the  bell  the  closing  of  the  market  hours,  at 
least  ten  minutes  before  the  time  of  closing. 

Sec.  22.  Every  owner  or  lessee  of  stall  or  stand  in  the  Market,  and  every  per¬ 
son  occupying  a  place  or  stand  in  the  Market,  shall  within  thirty  minutes  after  the 
ringing  of  the  bell,  cause  his  provisions,  wagon,  cart,  or  other  thing,  to  be  removed 
from  the  Market,  to  some  convenient  place,  under  the  direction  of  the  Clerk  of  the 
Market;  and  if  the  lessee  of  a  stall  or  stand,  he  shall  cause-  the  same  to  be  thor¬ 
oughly  cleansed,  and  all  offal,  garbage  and  rubbish  to  be  removed  therefrom,  and 
each  butcher  shall  cause  his  tables,  meat  blocks  and  other  fixtures  to  be  thoroughly 
scraped  and  cleaned  daily. 

Sec.  23.  No  provisions  or  other  things  shall  be  sold  in  the  Market,  except  du¬ 
ring  market  hours.  It  shall  be  the  duty  of  the  Clerk  of  the  Market,  to  cause  the 
Market  House  and  Market  place  to  be  thoroughly  cleansed  and  swept  each  day, 
and  in  the  winter  season  to  have  the  ice  and  snow  swept  from  the  side  walks  and 
steps  as  often  as  necessary. 

No  person  not  being  the  lessee  of  a  butcher’s  stall  shall  sell  or  offer  for  sale  in 
Ihe  Market,  any  sausage  or  sausage  meat ;  and  no  other  person  other  than  farmers, 
not  being  the  lessee  of  a  butcher’s  stall,  shall  sell  or  offer  to  sell  in  Market,  any 
bacon  hams,  sides,  or  shoulders. 

No  person  not  being  the  lessee  of  a  butcher’s  stall,  shall  sell  or  offer  for  sale  in 
the  Market,  or  any  place  within  the  limits  of  the  city,  any  fresh  meat  in  quantities 
less  than  one  quarter. 

No  butcher,  or  owner  or  lessee  of  any  stall  or  stand  in  the  Market,  shall  sell  or 
offer  for  sale  any  fresh  meat  at  any  other  place  within  the  limits  of  the  city,  ex¬ 
cept  at  the  Market  House,  and  there  only  during  market  hours. 

Sec.  24.  Nothing  in  the  preceding  sections  shall  be  construed  to  prevent  any 
farmer  or  producer  from  selling  his  meat  by  the  quarter,  or  any  person  who  follows 
the  business  of  packing  beef  or  pork,  from  selling  bacon  of  their  own  curing,  or 
spare  ribs  and  sausage  meat,  in  the  winter  months ;  but  no  person  not  being  the  les¬ 
see  of  a  butcher’s  stall,  shall  cut  and  sell  salted  meat  by  the  small  quantity  in  the 
Market. 

Sec.  25.  It  shall  be  the  duty  of  the  City  Council,  in  each  and  every  year,  fo 
establish  and  grade  the  prices  upon  butcher’s  stalls  in  the  Market,  and  the  Clerk 
of  the  Market  shall  proceed  to  lease  at  public  auction,  to  the  highest  bidder,  all  the 


MISDEMEANORS. 


105 


•butcher’s  stalls  in  the  Market,  after  having  given  public  notice  of  the  time  and 
place  of  said  leasing. 

Every  person  bidding  off  a  stall,  shall  within  three  days  thereafter,  execute  a 
lease  for  said  stall  bid  off  by  him,  provided  with  two  or  more  sureties,  to  be  ap¬ 
proved  by  the  Clerk  of  the  Market,  who  shall  be  jointly  bound  with  the  lessee  for 
the  payment  of  the  rents  of  the  stall  monthly,  in  advance. 

If  the  lessee  of  any  stand  or  stall  on  demand  being  made,  shall  fail  or  neglect  to 
pay  the  rent  thereof,  at  the  time  the  same  shall  become  due,  by  the  terms  of  the 
lease,  such  lease  shall  be  thereby  forfeited. 

Whenever  any  stall  or  stand  shall  become  vacant  or  the  lease  thereof  forfeited, 
the  Clerk  of  the  Market  may  proceed  to  let  the  same  for  the  unexpired  term. 

Sec.  26.  Every  person  offending  against  *any  of  the  provisions  of  this  ordi¬ 
nance,  shall  forfeit  and  pay  for  the  use  of  said  city,  a  sum  not  less  than  one  nor 
more  than  twenty-five  dollars,  for  each  and  every  offence,  where  not  otherwise 
herein  specially  provided. 

Passed,  July  1,  1857. 


CHAPTER  X  V'l  II  . 

MISDEMEANORS. 

An  Ordinance  concerning  Misdemeanors. 

DIVISION  I. - OF  OFFENSES  AFFECTING  THE  PUBLIC  PEACE,  MORALS  AND 

SAFETY. 

Section  1.  Any  two  or  more  persons  who  shall  assemble  for  the  purpose  of 
disturbing  the  peace,  or  of  committing  any  unlawful  act,  and  who  shall  not  disperse 
when  commanded  or  requested  by  any  peace  officer,  shall  each  severally  be  subject 
to  a  penalty  of  not  less  than  three  dollars. 

Sfc.  2.  Whoever  shall  assault,  strike,  or  fight  another,  or  shall  be  guilty  of  anv 
conduct  calculated  to  provoke  a  breach  of  the  peace,  shall  be  subject  to  a  penalty 
of  not  less  than  three  dollars. 

Sec.  3.  Whoever  shall  disturb  the  peace  ;  or  shall  be  guilty  of  any  violent,  tu¬ 
multuous,  offensive,  or  disorderly  conduct ;  or  shall  make  any  loud  or  unusual  noise 
or  disturbance  ;  or  shall  use  obscene,  offensive,  profane,  or  unseemingly  language  ; 
to  the  annoyance,  disturbance,  or  vexation  of  others,  shall  be  subject  to  a  penalty  of 
not  les3  than  three  dollars. 

Sec.  4.  Whoever  shall  knowingly  suffer  or  permit  any  assemblage  for  the  pur¬ 
pose  of  disturbing  the  peace,  or  of  committing  any  unlawful  act,  or  any  breach  of 
the  peace,  or  any  riotous,  tumultuous,  offensive,  or  disorderly  conduct,  or  any  loud 
or  unusual  noise  or  disturbance,  or  obscene,  offensive,  profane,  or  unseemly  language, 
to  the  annoyance,  disturbance,  or  vexation  of  others,  in  or  upon  any  premises 
owned  or  occupied  by  him  under  fiis  control,  shall  be  subject  to  a  penalty  of  not 
less  than  three  dollars. 

Sec.  5.  Whoever  shall  abet  or  encourage  any  unlawful  act,  or  any  violation  of 
any  ordinance  of  the  city,  shall  be  subject  to  a  penalty  of  not  less  than  three 
dollars. 


106 


ORDINANCES. 


Sec.  6.  Whoever  shall  willfully  or  heedlessly  disturb  any  assembly  of  persons 
met  together  for  religious  worship,  shall  be  subject  to  a  penalty  of  not  less  than  five 
dollais. 

Sec.  7;  Whoever  shall  willfully  or  heedlessly  disturb  any  lawful  assemblage  of 
persons  ;  or  shall,  on  the  Sabbath  day,  willfully  or  heedlessly  disturb  the  peace  or 
quiet  of  any  private  family,  shall  be  subject  to  a  penalty  of  not  less  than  three 
dollars. 

Sec.  8.  Whoever  shall  make  a  false  alarm  of  fire,  or  any  false  cry  for  assist- 
ance,  shall  be  subject  to  a  penalty  of  not  less  than  three  dollars. 

Sec.  9.  Whoever  shall  be  found  in  a  state  of  intoxication  in  any  public  place, 
or  m  any  place  open  to  public  view,  shall  be  subject  to  a  penalty  of  not  less  than 
three  dollars. 

Sec.  10.  Whoever  shall  purposely  or  publicly  make  any  indecent  exposure  of 
his  or  her  person ;  or  shall  appear  in  a  dress  not  belonging  to  his  or  her  sex;  or  in 
an  indecent  or  lewd  dress  ;  or  in  a  state  of  nudity  ;  or  shall  be  guilty  of  any  other 
indecent  or  lewd  act  or  behavior,  shall  be  subject  to  a  penalty  of  not  less  than  five 
dollars. 

Sec.  11.  Whoever  shall,  in  any  open  place  or  iranner,  bathe  in  the  Mississippi 
river,  in  a  nude  state,  any  where  within  the  city  limits,  at  any  time  between  sun¬ 
rise  and  sunset,  shall  be  subject  to  a  penalty  of  not  less  than  one  dollar. 

Sec.  12.  Whoever  shall  exhibit,  sell,  or  offer  to  sell  any  indecent,  obscene,  or 
lew'd  book,  picture,  statue,  or  other  like  thing;  or  shall  exhibit  or  perform  any  in¬ 
decent,  obscene,  or  lewd  play,  exhibition,  or  other  representation,  shall  be  subject 
to  a  penalty  of  not  less  than  five  dollars. 

Sec.  13.  Whoever  shall,  in  any  place  open  to  public  view,  write,  mark,  draw 
cot,  or  make  any  obscene,  lewd,  or  indecent  word  or  sentence,  design  or  figure, 
shall  be  subject  to  a  penalty  of  not  less  than  five  dollars. 

Sec.  14.  Whoever  shall  indecently  exhibit  any  stud  horse,  bull,  jackass,  or 
other  animal  in  any  public  place;  or  shall  let  any  such  animal  except  in  some  in¬ 
closed  place  out  of  public  view,  shall  be  subject  to  a  penalty  of  not  less  than  five 
dollars. 

Sec.  15.  Wrhoever  shall  in  any  manner  game  or  rafle  for  any  money  or  thing  of 
value,  or  for  any  check  or  other  thing  representing  or  intended  to  represent  the  same; 
or  shall  set  up  any  lottery;  or  shall  sell  or  dispose  of  for  gain,  any  ticket,  chance, 
or  share  in  any  lottery,  shall  be  subject  to  a  penalty  of  not  less  than  twenty-five 
dollars  in  each  case. 

Sec.  16.  Whoever  shall  knowingly  suffer  or  permit  any  species  of  gaming  for 
money  or  any  other  thing  of  value,  or  for  any  check  or  other  thing  intended  to 
represent  the  same,  in  any  house  or  premises  owned  or  occupied  by  him  under  his 
control ;  gr  shall  keep  or  have  in  his  possession  any  gaming  implements  for  the 
purpose  of  gairing  therewith,  shall  be  subject  to  a  penalty  of  not  less  than  twenty- 
five  dollars  in  each  case. 

Sec.  17.  Whoever  shall  keep,  maintain,  frequent,  be  an  inmate  of,  or  connected 
with,  or  contribute  to  the  support  of  any  disorderly,  gaming  or  bawdy  house,  house 
of  ill  fame,  or  of  assignation,  or  any  place  used  for  the  practice  of  fornication  ;  or 
shall  knowingly  suffer  or  permit  any  premises  owned  or  occupied  by  him  under  his 
control,  to  be  used  for  any  such  purposes,  shall  be  subject  to  a  penalty  of  not  less 
than  fifty  dollars. 

Sec.  18,  Any  person  able  to  work  and  maintain  himself  in  some  honest  and  re- 


MISDEMEANORS. 


107 


spectable  calling,  not  having  visible  means  of  support,  who  shall  live  idly  without 
employment,  or  loiter  or  stroll  about  begging,  or  frequenting  gaming  houses,  dis¬ 
orderly  or  bawdy  houses,  groceries,  tippling  houses,  or  other  places  where  intoxi¬ 
cating  liquors  are  sold ;  or  who  shall  otherwise  lead  an  idle  or  profligate  course  of 
life;  or  any  person  who  shall  keep  any  gaming  house,  or  keep  or  exhibit  any  gam¬ 
ing  implements  for  the  purpose  of  gaming  therewith,  or  shall  pursue  gaming,  or 
who  shall  keep,  maintain,  or  be  an  inmate  of  any  house  of  prostitution;  or  who 
shall  have  in  his  possession  any  implement  used  for  counterfeiting,  or  for  the  com¬ 
mission  of  burglary,  or  for  picking  locks  or  pockets,  or  any  Mexican  puzzle,  or 
other  implement  or  device  used  by  cheats  and  swindlers,  without  being  able  to  give 
a  good  account  of  his  possession  of  the  same ;  or  who  shall  trespass  upon  private 
property  in  the  night  time,  or  habitually  sleep  in  sheds,  stables,  outhouses,  or  in 
the  open  air,  without  being  able  to  give  a  good  account  of  himself  or  herself,  shall 
be  deemed  a  vagrant  and  shall  be  subject  to  a  penalty  of  not  less  than  twenty  dollars. 

Sec.  19.  Whoever  shall  on  Sunday,  keep  open  any  billiard  room,  ball  or  pin 
alley,  house,  grounds,  or  other  place  of  amusement;  or  shall  suffer  or  permit  per¬ 
sons  to  assemble  therein  for  the  purpose  of  amusement  or  play,  shall  be  subject  to 
a  penalty  of  not  less  than  five  dollars. 

Sec.  20.  Whoever  shall  on  Sunday  disturb  the  peace  or  good  order  of  society 
by  any  play  or  amusement,®  shall  be  subject  to  a  penalty  of  not  less  than  three 
dollars. 

Sec.  21.  Whoever  shall  on  Sunday,  (except  in  case  of  necessity,  or  for  chari¬ 
table  purposes,  or  where  the  person  shall  conscientious!}'-  observe  some  other  day 
of  the  week  as  the  Sabbath,)  keep  open  his  place  of  business,  or  pursue  his  daily 
labor  or  avocation,  shall  be  subject  to  a  penalty  of  not  less  than  three  dollars. 

Sec.  22.  Whoever  shall  inhumanly,  cruelly,  or  unnecessarily  beat,  abuse,  or 
otherwise  maltreat  any  dumb  animal,  shall  be  subject  to  a  penalty  of  not  less  than 
three  dollars. 

Sec.  23.  Whoever  shall  willfully,  maliciously,  or  negligently  break,  deface,  or 
otherwise  injure  any  public  property  of  the  city,  or  any  private  property,  shall  be 
subject  to  a  penalty  of  not  less  than  three  dollars,  and  shall  also  be  liable  for  the 
costs  and  expenses  of  repairing  the  injuries  committed,  which  shall  be  added  to  the 
penalty  and  constitute  a  part  thereof. 

Sec.  24.  Whoever  shall  willfully,  maliciously,  or  negligently  break,  deface  or 
destroy,  or  in  any  manner  injure  any  street  lamp  or  lamp  post,  or  telegraph  post 
or  telegraph  wire,  shall  be  subject  to  a  penalty  of  not  less  than  five  dollars,  and  in 
addition  thereto  the  amount  of  the  costs  and  expenses  of  repairing  the  injuries 
committed  shall  be  added  to  the  penalty  and  form  a  part  thereof. 

Sec.  2b.  Whoever  shall,  without  the  consent  of  the  owner  or  occupant  of  the 
premises,  fasten  any  horse  or  other  animal  to  any  fence,  railing  or  tree,  or  to  any 
boxing  placed  around  any  tree  ;  or  shall  willfully,  maliciously,  or  negligently  in 
any  manner  injure  deface,  remove,  or  destroy  any  ornamental  or  shade  tree,  or 
boxing  placed  around  the  same,  or  any  shrub,  fence,  railing,  gate  or  sign,  upon  any 
public  grounds,  sidewalk,  or  private  premises;  or  shall  trespass  upon  any  private 
premises  or  public  grounds,  and  injure,  carry  away,  or  destroy  any  tree,  fruit,  veg¬ 
etable,  plant,  shrub  or  other  thing  which  may  be  therein  for  ornament  or  otherwise, 
shall  be  subject  to  a  penalty  of  not  less  than  three  dollars. 

Sec.  26.  Whoever  shall  without  the  consent  of  the  owner  or  occupant  of  the 
premises,  post,  put  up,  stick  or  place  any  handbill,  placard,  showbill,  or  notice 


108 


ORDINANCES. 


upon  any  building  or  fence  ;  or  shall  mark,  cut,  scratch,  or  otherwise  deface  any 
fence,  or  any  part  of  any  building,  shall  be  subject  to  a  penalty  of  not  less  than 
three  dollars. 

Sec.  27.  Whoever  shall  purposely  and  rapidly  or  immoderately  ride  or  drive 
any  horse,  or  male,  or  any  cattle,  or  other  like  animals,  or  any  team,  in  any  street 
or  alley  in  the  inhabited  part  of  the  city,  may  be  stopped  by  any  police  officer, 
and  shall  be  subject  to  a  penalty  of  not  less  than  three  dollars. 

Sec.  28.  Whoever  shall  leave  any  horse  or  mule,  or  any  team,  in  any  uninclos¬ 
ed  or  public  place  without  being  fastened,  guarded,  or  secured,  so  as  to  prevent  its 
running  away,  shall  be  subject  to  a  penalty  of  not  less  than  three  dollars. 

Sec.  29.  All  persons  meeting  each  other  in  vehicles  in  the  streets  or  alleys,  or 
in  any  public  place,  or  upon  or  near  any  bridge  shall,  unless  the  nature  or  state  of 
the  roadway  or  passwav  shall  render  it  impracticable^  each  turn  and  drive  to  the 
right  side  so  as  to  pass  each  other  without  accident  or  injury.  Whoever  shall  vio¬ 
late  the  requirements  of  this  section  shall  be  subject  to  a  penalty  of  not  less  than 
three  dollars,  and  shall  likewise  be  liable  for  all  damage  that  may  occur  from  col¬ 
lision,  unless  it  be  satisfactorily  shown  that  the  same  occurred  from  the  fault  or 
misconduct  of  the  other  party. 

Sec.  30.  Whoever  shall,  in  the  inhabited  part  of  the  city,  fire  or  discharge  any 
cannon,  gun,  pistol,  or  other  fire  arm;  or  shall  set  off,  fire,  or  explode  any  torpedo, 
fire  cracker,  fire  ball,  rocket,  or  other  fire  works  whatever;  or  shall  make  or  kindle 
any  bonfire,  shall  be  subject  to  a  penalty  of  not  less  than  three  dollars.  But  the 
discharge  of  fire  arms,  the  setting  off  or  exploding  of  fire  works,  and  the  making 
of  bonfires  on  national  holidays,  and  in  the  celebration  of  other  public  and  general 
events,  or  the  discharge  of  fire  arms  by  the  members  of  any  military  company, 
when  on  parade,  and  in  accordance  with  the  command  of  the  commanding  officer, 
or  by  any  city  officer  or  other  person  in  the  discharge  of  any  legal  duty,  or  lawful 
act,  when  the  same  may  be  done  in  such  a  manner  as  not  to  endanger  or  be  likely 
to  endanger  the  safety  of  any  person,  or  the  injury  of  any  property,  shall  not  be 
deemed  violations  hereof. 

Sec.  31.  Whoever  shall  keep,  sell,  or  deliver  any  poison  usually  known  or  used 
ns  deadly  poison,  without  legibly  marking  the  name  thereof,  or  the  word  “poison” 
upon  the  phial,  wrapper,  or  other  enclosure  containing  the  same;  or  whoever  shall 
seii  or  deliver  any  arsenic,  strychnine,  prussic  acid,  or  other  poison  usually  known 
or  used  as  a  deadly  poison,  to  any  person  known  to  him,  without  registering  the 
name  of  such  person,  and  the  kind  and  quantity  of  the  poison  sold  or  delivered, 
and  the  purpose  for  which  the  same  was  obtained  ;  or  whoever  shall  sell  or  deliver 
any  such  poison  to  any  person  to  him  unknown,  shall  be  subject  to  a  penalty  of  not 
less  than  five  dollars  in  each  case.  But  the  sale  and  delivery  of  any  such  poisons 
as  a  medicine,  upon  the  prescription  of  a  practicing  physician,  shall  not  be  deemed 
a  violation  of  this  section. 

Sec.  32.  Whoever  shall,  in  the  night  time,  leave  open  any  cellar,  cellar  door, 
vault,  well,  cistern,  excavation,  ditch,  or  other  like  hole,  upon  or  adjoining  any 
street,  alley,  or  sidewalk,  without  securing  and  protecting  the  same,  so  as  not  to 
endanger  the  safety  of  persons  or  animals  passing  thereby,  from  falling  therein, 
shall  be  subject  to  a  penalty  of  not  less  than  three  dollars. 

Sec.  33.  Any  contractor  for  any  public  work,  officer,  or  other  person  making 
any  excavation  upon  or  adjoining  any  street,  alley,  or  side  walk,  or  having  the  same 
in  charge,  who  shall  in  the  night  time  leave  the  same  open  and  unprotected,  so  as 


MISDEMEANORS. 


103 


to  endanger  the  safely  of  persons  or  animals  passing  thereby  from  falling  therein, 
shall  be  subject  to  a  penalty  of  not  less  than  three  dollars. 

Sec.  34.  Whoever  shall  knowingly  sell,  expose,  or  offer  for  sale  any  sick  or 
diseased  animal,  poultry,  or  fish  ;  to  be  used  or  eaten  for  food  ;  or  the  flesh  of  any 
sick,  diseased,  or  otherwise  unwholesome  dead  animal,  poultry,  or  fish  ;  or  the 
flesh  of  any  animal,  foul,  or  fish  not  usually  used  or  deemed  wholesome  for  food  ; 
or  any  other  unsound  or  unwholesome  provisions  or  article  of  food  whatever ;  or 
any  adulterated  or  pernicious  milk,  drink,  or  liquors,  shall  be  subject  to  a  penalty 
of  not  less  than  ten  dollars  in  each  case  ;  and  the  Mayor  or  any  police  officer  shall 
seize  or  cause  to  be  seized  and  destroyed  any  such  food,  milk,  drink  or  other  pro¬ 
visions  so  exposed  or  offered  for  sale. 

Sec.  35.  Whoever  shall  knowingly  use  any  false  scale,  beam,  weight,  or  mea¬ 
sure  in  the  purchasp  or  sale,  receipt  or  delivery,  of  any  goods,  article,  or  property 
purchased  or  sold,  feceived  or  delivered,  by  weight  or  measure ;  or  shall  use  any 
weight  or  measure  for  the  purchase  or  sale,  receipt  or  delivery,  of  any  goods,  arti¬ 
cle,  or  property  purchased  or  sold,  received  or  delivered,  by  weight  or  measure, 
knowing  the  same  to  be  materially  inaccurate  and  different  from  the  standard  pre¬ 
scribed  by  the  laws  of  the  State ;  or  shall  sell  or  deliver  any  goods,  article,  or  prop¬ 
erty  sold  or  delivered  by  weight  or  measure,  and  purporting  to  be  of  a  certain 
weight  or  measure,  knowing  the  same  to  be  materially  less  than  the  true  weight  or 
measure  for  which  the  same  was  sold  or  delived,  shall  be  subject  to  a  penalty  of  not 
less  than  ten  dollars  in  each  case. 

DIVISION  II. — OF  OFFENCES  AGAINST  OFFICIAL  AUTHORITY. 

Section  1.  Whoever  shall  falsely  represent  himself  to  be  an  officer  of  this  city  ; 
or  shall,  without  authority,  exercise  or  attempt  to  exercise  any  of  the  powers,  du¬ 
ties,  or  functions  of  any  city  officer,  shall  be  subject  to  a  penalty  of  not  less  than 
ten  dollars. 

Sec.  2.  Whoever  shall  willfully  hinder,  delay,  resist,  or  obstruct  any  city  offi¬ 
cer,  or  any  person  legally  authorized  by  him,  in  the  discharge  of  his  duty  ;  or  shall 
aid,  abet,  or  encourage  any  such  hindering,  delaying,  resisting  or  obstructing;  or 
shall  neglect  or  refuse  to  obey  any  lawful  order  or  directions  of  any  such  officer, 
shall  be  subject  to  a  penalty  of  not  less  than  three  dollars, 

Sec.  3.  Whoever  shall  rescue,  or  attempt  to  rescue,  or  shall  abet  or  encourage 
the  rescue  or  escape  of  any  person,  from  the  custody  of  any  officer  or  other  person 
legally  having  him  in  charge ;  or  shall  molest  or  interfere  with  any  officer  or  other 
person,  so  legally  having  any  person  in  custody ;  or  shall  in  any  manner  aid,  abet, 
or  encourage  the  rescue  or  escape,  or  the  attempt  to  escape  from  any  prison  of  any 
person  legally  committed  thereto  ;  or  shall  supply  or  attempt  to  supply  any  such 
person  with  any  weapon,  or  with  any  implement  or  means  of  escape,  or  for  attempt¬ 
ing  to  escape,  or  with  any  intoxicating  liquors,  shall  in  each  case  be  subject  to  a 
penalty  of  not  less  than  twenty-five  dollars. 

Sec.  4.  Any  police  officer  may  call  upon  any  white  male  person  above  the  age 
of  eighteen  years,  to  aid  him  in  the  arrest,  retaking,  or  custody  of  any  person  hav¬ 
ing  committed  any  unlawful  act,  or  to  aid  in  preventing  the  commission  of  any  un¬ 
lawful  act;  and  whoever  shall  neglect  or  refuse  to  give  such  aid  and  assistance 
when  so  required,  shall  be  subject  to  a  penalty  of  five  dollars. 

Sec.  5.  Any  city  officer  who  shall  willfully  fail,  neglect,  or  refuse  to  perform 


110 


ORDINANCES. 


any  duty  required  of  him  by  the  city  charter,  or  the  ordinances  of  the  city ;  or 
who  shall  be  guilty  of  any  misfeasance,  malfeasance,  or  improper  conduct  in  the 
discharge  of  any  of  the  duties  of  his  office,  shall  be  subject  to  a  penalty  of  notless 
than  ten  dollars  and  may  be  removed  from  office. 

DIVISION  III. — OF  OFFENCES  AFFECTING  THE  STREETS,  ALLEYS  AND 

SIDE  WALKS.* 

Section  1.  No  builder  or  other  person  shall  encumber  or  obstruct  any  street  or 
alley  with  building  or  other  like  materials,  without  a  written  permit  from  the  Mayor  j 
nor  shall,  except  in  case  of  urgent  necessity,  and  for  a  short  time,  incumber  or  ob¬ 
struct  more  than  one-third  of  any  street  or  alley,  or  one-half  of  the  sidewalk ;  nor 
shall  such  obstruction  continue  in  any  case  longer  than  may  be  necessary  in  the 
diligent  erection  of  such  building,  or  the  prompt  execution  of  the  work.  Whoever 
shall  violate  any  provision  of  this  section,  shall  be  subject  to  a  penalty  of  not  less 
than  three  dollars  for  each  day  he  shall  continue  in  violation  thereof. 

Sec.  2.  No  person  shall  remove  or  cause  to  be  removed,  or  aid  in  removing  any 
building  through  or  across  any  street  or  alley,  without  a  written  permit  from  the 
Mayor  ;  nor  shall,  in  removing  such  building  unnecessarily  incumber  or  obstruct 
any  street  or  alley,  nor  for  a  longer  time  than  may  be  necessary  in  the  prompt  and 
dilligent  removal  of  such  building,  under  a  penalty  of  not  less  than  ten  dollars  in 
each  case,  and  an  additional  penalty  of  not  less  than  three  dollars  for  each  day  such 
building  shall  unnecessarily  remain  in  any  street  or  alley. 

Sec.  3.  No  person  shall  make  or  cause  to  be  made  any  erection  or  inclosure, 
encroaching  in  whole  or  in  part  upon  any  street,  alley,  or  side  walk,  under  a  pen¬ 
alty  of  not  less  than  twenty  dollars  j  and  an  additional  penalty  of  not  less  than  three 
dollars  for  each  day  the  same  shall  remain  after  notice  by  the  Mayor,  the  Marshal, 
or  the  Supervisor,  to  remove  the  same. 

Sec.  4.  Whoever  shall  make  any  erection  or  enclosure  upon  or  along  any  street 
or  alley,  without  first  ascertaining  the  line  thereof  from  the  City  Surveyor  and 
Engineer,  shaT  be  subject  to  a  penalty  of  ten  dollars. 

Sec.  5.  The  owner  of  any  erection  or  enclosure  already  erected  or  placed,  and 
encroaching  upon  any  street  or  alley,  who  shall  not  remove  the  same  after  thirty 
days’  notice,  by  the  Mayor,  the  Marshal,  or  the  Supervisor,  shall  be  subject  to  a 
penalty  of  not  less  than  ten  dollars,  and  to  an  additional  penalty  of  not  less  than 
three  dollars  for  each  day  he  shall  fail  to  comply  with  such  notice. 

Sec.  6.  The  Mayor,  the  Marshal,  or  the  Supervisor,  shall  cause  any  incum¬ 
brance,  obstruction,  or  erection,  or  inclosure,  in  or  upon  any  street,  alley,  or  side¬ 
walk  contrary  to  ordinance,  to  be  removed  ;  and  the  costs  of  such  removal  may  be 
collected  of  the  person  causing  such  obstruction,  with  the  penalty,  or  in  a  separate 
suit  in  the  name  of  the  city. 

Sec.  7.  Whoever  shall  place,  throw,  or  leave,  or  cause  to  be  placed,  thrown, 
or  left,  any  obstruction  or  incumbrance,  not  authorised  by  ordinance,  in  any  street 
or  alley,  shall  be  subject  to  a  penalty  of  not  less  than  three  dollars,  and  to  an  ad- 

*Any  erection  or  obstruction  placed  in  any  part  of  a  public  street  or  highway 
which  deprives  the  public  of  the  use  of  any  part  thereof  is  a  nuisance.  There  are 
some  exceptions,  however — as  where  materials  are  temporarily  placed  in  a  public 
street  to  he  used  in  erecting  a  building  or  other  needful  improvement,  leaving  suf¬ 
ficient  room  for  the  free  and  safe  passage  of  the  public.  —  People  vs.  St.  Louis,  5 
Gil.  372. 


MISDEMEANORS. 


Ill 


ditional  penalty  of  not  less  than  one  dollar  for  each  hour  he  shall  not  remove  the 
same,  when  required  by  the  Mayor,  the  Supervisor,  or  any  police  officer. 

Sec.  8.  No  person  not  authorised  by  ordinance  shall  make  any  excavation  in 
any  street,  alley,  or  sidewalk  without  a  written  permit  from  the  Mayor,  or  the  Su¬ 
pervisor,  under  a  penalty  of  not  less  than  three  dollars.  Any  person  making  or 
causing  to  be  made  any  excayation  or  ditch  for  any  purpose,  in  any  street,  alley  or 
sidewalk,  shall,  without  unnecessary  delay,  cause  the  same  to  be  filled  up  to  the 
proper  level  of  the  street,  alley,  or  sidewalk,  and  shall,  from  time  to  time,  if  neces¬ 
sary,  continue  to  repair  the  same,  until  the  earth  is  completely  settled,  and  the  sur¬ 
face  conforms  to  the  proper  level  of  the  street,  alley,  or  sidewalk.  Any  person 
tearing  up  any  planked  or  paved  street,  alley  or  sidewalk,  or  bridge  or  culvert,  for 
any  purpose,  or  negligently  breaking  or  injuring  the  same,  or  breaking  or  injuring* 
the  same  by  the  removing  of  any  building  over  the  same,  shall,  without  delay,  cause 
such  planked  or  paved  street,  alley,  or  sidewalk,  or  bridge  or  culvert,  to  be  repair¬ 
ed  and  placed  in  the  same  condition  as  before  the  breaking  or  injuring  thereof. 
Any  person  making  or  causing  to  be  made  any  excavation  or  ditch,  or  tearing  up, 
breaking,  or  injuring  any  planked  or  paved  street,  alley,  or  sidewalk,  bridge  or 
culvert,  or  causing  the  same  to  be  broken,  injured,  or  torn  up,  who  shall  not  comply 
with  the  requirements  of  this  section,  shall  be  subject  to  a  penalty  of  not  less  than 
five  dollars,  and  the  City  Supervisor  shall,  without  delay,  cause  such  filling  up  or 
repairs  to  be  made  and  completed,  and  the  costs  thereof  may  be  collected  of  any 

person  whose  duty  it  was  to  do  the  same,  and  recovered  with  the  penalty,  or  in  a 
separate  suit,  in  the  name  of  the  city. 

Sec.  9.  Whoever  shall  purposely  change  or  remove  any  stake,  post,  or  stone, 
placed  or  set  to  designate  the  corner  or  line  of  any  lot  or  land,  street,  or  alley,  or 
to  show  the  grade  of  an}’"  street,  alley,  or  side  walk,  shall  be  subject  to  a  penalty  of 
not  less  than  five  dollars. 

Sec.  10.  Whoever  shall  for  any  private  purpose  dig,  remove,  or  carry  away  any 
earth  from  any  street  or  alley,  without  the  permission  of  the  City  Council,  shall  be 
subject  to  a  penalty  of  not  less  than  one  dollar  for  each  load  removed  or  carried 
away,  and  any  city  officer  who  shall  sell  or  dispose  of  any  earth  from  any  street 

or  alley,  for  his  private  gain  or  benefit,  shall  be  subject  to  a  penalty  of  not  less 
than  twenty-five  dollars. 

Sec.  11.  Whoever  shall  throw,  place,  or  leave  any  ashes,  dirt,  filth,  or  other 
rubbish  in  or  upon  any  street,  alley,  or  sidewalk,  or  shall  knowingly  suffer  or  per¬ 
mit  the  same  to  be  thrown,  placed,  or  left  in  or  upon  any  street,  alley,  or  sidewalk, 
in  front  of  or  adjoining  any  premises  owned  or  occupied  by  him  under  his  control, 
shall  be  subject  to  a  penalty  of  not  less  than  one  dollar,  and  to  a  like  penalty  for 
each  hour  the  same  may  remain  after  notice  to  remove  the  same  by  the  Mayor,  the 
Supervisor,  or  any  police  officer. 

Sec.  12.  Whoever  shall  throw,  place,  or  leave  any  live  coals  or  fire,  or  make  or 
kindle  any  fire  upon  any  planked  street,  alley,  or  sidewalk,  or  planked  street  cross¬ 
ing,  shall  be  subject  to  a  penalty  of  not  less  than  three  dollars,  and  shall  likewise 
be  liable  for  all  damage  or  injury  caused  thereby,  the  costs  of  repairing  which  may 
be  recovered  with  the  penalty,  or  in  a  separate  suit,  in  the  name  of  the  city. 

Sec,  13.  No  person  shall  obstruct  or  incumber  any  street  or  alley  with  mer¬ 
chandise,  fuel,  or  other  article  or  property  longer  than  may  be  necessary  in  the 
dilligent  removal  of  the  same,  under  a  penalty  of  not  less  than  one  dollar,  and  a 
like  penalty  for  each  hour  the  same  shall  not  be  removed  after  notice  to  remove 
the  same  by  the  Mayor,  the  Supervisor,  or  any  police  officer. 


112 


ORDINANCES. 


Sec.  14.  When  any  street  or  alley  may  be  obstructed  by  a  press  of  teams,  wag¬ 
ons,  or  animals,  the  Mayor,  the  Supervisor,  or  any  police  officer  may  give  such 
orders  and  directions  as  may  be  deemed  necessary  for  abating  the  obstruction  ;  and 
whoever  shall  not  observe  and  obey  such  orders  and  directions,  shall  be  subject  to 
a  penalty  of  three  dollars. 

Sec.  15.  Whoever  shall  place  or  leave  or  cause  to  be  placed  or  left  any  en- 
^encroachment,  incumbrance,  or  other  obstruction  in  or  upon  any  street,  alley  or 
sidewalk,  shall,  in  all  cases,  be  liable  to  the  city,  and  to  private  persons  for  all 
damage  or  injury  arising  from  such  encroachment,  incumbrance  or  obstruction. 

Sec.  16.  No  steps,  platform,  or  other  fixtures  shall  be  built  to  extend  into  or 
upon  any  sidewalk  or  alley  more  than  three  feet ;  and  all  steps  encroaching  upon 
any  sidewalk  or  alley  and  leading  to  the  upper  story  of  any  building,  shall  be  se¬ 
curely  suspended  without  posts.  Nor  shall  any  open  cellar  way,  or  basement  way, 
extend  into  or  upon  any  sidewalk  or  alley  more  than  three  feet,  and  shall  be  well 
protected  and  secured  with  a  substantial  iron  railing  round  the  same.  Nor  shall 
any  closed  cellar  way  or  basement  way  extend  into  or  upon  any  sidewalk  more 
than  five  feet,  or  into  any  alley  more  than  four  feet  j  nor  shall  the  door  or  grating 
of  any  such  closed  cellar  way  or  basement  way,  extend  above  the  grade  of  the  side, 
walk,  nor  exceeding  one  inch  above  the  grade  of  the  alley;  nor  shall  the  hinges, 
lock  or  other  fastenings  thereof,  be  placed  on  the  upper  side  thereof  so  as  to  pro¬ 
ject  above  the  door,  unless  within  two  feet  of  the  building.  No  show  window  shall 
extend  upon  any  sidewalk  more  than  eighteen  inches,  and  all  cellar  windows  or  coal 
holes,  placed  in  any  sidewalk  or  alley,  shall  be  well  secured  by  an  iron  grating  or 
otherwise,  laid  even  with  the  grade  of  the  sidewalk  or  alley.  Whoever  shall  vio¬ 
late  or  shall  fail  to  comply  with  the  requirements  of  this  section,  shall  be  subject  to 
a  penalty  of  not  less  than  three  dollars,  and  to  a  like  penalty  for  each  day  he  shall 
fail  to  comply  herewith,  after  notice  to  do  the  same  by  the  Mayor,  the  Supervisor 
or  the  Marshal. 

Sec.  17.  No  fixture,  building,  fence,  or  other  erection  or  enclosure,  extending 
or  encroaching  upon  any  street,  alley,  or  sidew’alk,  contrary  to  ordinance,  shall  be 
repaired  or  rebuilt,  under  a  penalty  of  not  less  than  ten  dollars. 

Sec.  18.  Whoever  shall  place,  hang,  or  set  out  over  or  upon  any  sidewalk,  any 
goods,  wares,  or  merchandise,  except  within  three  feet  of  the  building  or  premises 
occupied  by  him,  or  shall  place,  suspend,  or  erect  any  sign,  show  bill,  show  case. 
Hag,  or  other  obstruction  projecting  into  or  hanging  over  any  sidewalk,  exceeding 
three  feet  from  the  building  or  premises  occupied  by  him,  or  shall  knowingly  per¬ 
mit  the  same  to  be  done  in  front  of  any  building  or  premises  owned  or  occupied  by 
him  under  his  control,  shall,  in  each  case,  be  subject  to  a  penalty  of  not  less  than 
one  dollar,  and  an  additional  penalty  of  one  dollar  for  each  hour  the  Same  shall  re¬ 
main,  after  notice  to  remove  the  same  by  the  Mayor,  the  Supervisor,  or  any  police 
officer. 

* 

Sec.  19.  No  person  shall  encumber  or  obstruct  more  than  four  feet  of  the  outer 
edge  of  the  sidewalk  with  any  goods,  wares,  merchandise,  fuel  or  other  articles  or 
property  be  may  be  receiving  or  delivering,  nor  shall  permit  the  same  to  remain 
upon  any  sidewalk  longer  than  may  be  necessary  in  the  diligent  removal  thereof, 
nor  in  any  case  to  exceed  twenty-four  hours,  under  a  penalty  of  not  less  than  one 
dollar ;  and  to  an  additional  penalty  of  one  dollar  for  each  hour  the  same  may  re¬ 
main,  after  notice  to  remove  the  same  by  the  Mayor,  the  Supervisor,  or  any 
police  officer. 


misdemeanors. 


113 


Sf.c.  20.  Whoever  shall  purposely  push  or  draw  any  sleigh,  wagon,  or  other 
vehicle,  or  drive,  lead  or  ride,  any  team  or  beast  of  burden  over  or  upon  any  paved 
or  planked  sidewalk,  unless  it  may  be  necessary  in  crossing  the  same  to  go  into  his 
own  premises  or  into  premises  where  no  wagon  crossing  or  other  suitable  means  of 
access  is  provided,  shall  be  subject  to  a  penalty  of  not  less  than  three  dollars. 

Sec.  21.  Whoever  shall  fasten  or  leave  any  team  or  beast  of  burden  in  such  a 
manner  as  that  the  team,  the  vehicle,  the  animal,  the  harness,  the  lines,  or  anything 
belonging  thereto,  shall  be  an  obstruction  to  the  sidewalk,  shall  be  subject  to  a  pen¬ 
alty  of  not  less  than  one  dollar. 

Sec.  22.  Whoever  shall  not  keep  the  paved  or  planked  sidewalks  in  front  of  or 
adjoining  the  premises  owned  or  occupied  by  him  and  under  his  control,  so  as  not, 
to  be  obstructed  by  show,  dirt,  weeds,  or  other  obstruction,  shall  be  subject  to  a 
penalty  of  one  dollar,  and  to  a  like  penalty  for  each  day  he  shall  not  remove  such 
obstruction,  after  notice  to  do  the  same  by  the  Mayor,  the  Supervisor,  or  any  police 
officer. 

Sec.  23.  Whoever  shall  obstruct  any  street  crossing  by  unnecessarily  stopping 
thereon  with  any  team,  vehicle,  or  animal,  so  as  to  incommode  persons  crossing  the 
same,  shall  be  subject  to  a  penalty  of  not  less  than  one  dollar. 

Sec.  24.  Whoever  shall  suffer  or  permit  the  water  falling  or  draining  from  any 
building  owned  by  him  or  under  his  control,  to  spread  over  the  sidewalk  in  front 
thereof,  shall  be  subject  to  a  penalty  of  one  dollar,  and  to  a  like  penalty  for  each 
day  he  shall  not  remedy  the  same,  after  notice  to  do  the  same  by  the  Mayor,  or 
the  Supervisor. 


DIVISION  IV. — OF  BOYS. 

Section  1.  Any  two  or  more  boys,  who  in  the  night  time  may  be  assembled 
together  and  disturbing  any  lawful  assemblage  of  persons,  or  making  any  unusual 
noise  or  disturbance  to  the  disquiet  or  annoyance  of  the  neighborhood ;  or  who  may 
be  found  loitering  or  strolling  about,  and  who  shall  not  disperse  and  go  to  their  sev¬ 
eral  homes  when  required  by  the  Mayor  or  any  police  officer,  shall  each  severally 
be  subject  to  a  penalty  not  exceeding  five  dollars  in  each  case. 

Sec.  2.  No  boj’-  or  other  person  shall,  in  the  inhabited  part  of  the  city,  use  or 
drive  any  hoop,  or  use  any  bow  and  arrow,  or  raise  or  fly  any  kite,  or  smoke  or  fire 
balloon,  or  (except  upon  national  holidays  or  other  public  and  general  celebrations,) 
make  or  kindle  any  bonfire,  or  fire,  explode  or  set  off  any  fire  arms,  fire  halls,  fire 
cracker,  torpedo,  rocket,  or  other  fire  works  ;  or  shall  otherwise  pursue  any  amuse¬ 
ment  or  exercise  calculated  to  impede  travel,  or  to  frighten  animals,  or  injure  or 
annoy  persons  passing  along  the  streets  or  sidewalks,  under  a  penalty  of  not  exceed¬ 
ing  five  dollars  in  each  case. 

Sec.  3.  No  boy  cr  other  person  shall  purposely  or  heedlessly  cast  or  throw  any 
stone  or  other  missile,  from  or  into  any  public  place,  or  at  any  person,  or  at,  upon, 
against,  or  into  any  building,  premises,  tree,  or  other  property,  or  shall  walk  upon 
the  top  or  capping  of  any  fence  or  railing,  or  climb  upon  the  same,  or  into  any 
shade  or  ornamental  tree  upon  any  sidewalk  or  elsewhere  without  thp  consent  of 
the  owner  thereof,  or  shall  in  any  wise  injure,  deface,  or  destroy  any  building, 
ience,  railing,  tree,  or  other  property,  or  shall  meddle  with  any  public  well,  cistern 
or  pump,  under  a  penalty  of  not  exceeding  ten  dollars  in  each  case. 

Sec.  4.  Any  boy  or  other  person  who  shall  willfully  or  heedlessly  make  any 

8 


114 


ORDINANCES 


unusual  noise  or  disturbance  to  the  disquiet  or  annoyance  of  others  ;  or  shall  dis¬ 
turb  any  assembly  met  for  religious  worship ;  or  any  other  lawful  assembly  of 
persons  ;  or  who  shall  assault  or  strike  any  other  boy  or  person  ;  or  who  shall  tres¬ 
pass  upon  any  public  grounds  or  private  premises,  and  injure,  carry  away,  or  de- 
stioy  any  tree,  fruit,  vegetable,  plant,  shrub,  or  other  thing  of  value  therein;  or 
who  shall  get  into  or  upon  any  wagon  or  other  vehicle,  without  the  consent  of  the 
owner  thereof ;  or  shall  otherwise  purposely  annoy  or  molest  any  other  person, 
shall  be  subject  to  a  penalty  of  not  exceeding  ten  dollars  in  each  case. 

Sec.  5.  Any  ’  boy  or  other  person  who  shall  abet  or  encourage  any  violation 
hereof,  or  any  other  unlawful  act,  shall  be  subject  to  a  penalty  not  exceeding  ten 
dollars. 

Passed,  July  26,  1859. 


CHAPTER  XIX. 

NUISANCES. 

An  Ordinance  in  relation  to  Nuisances. 

DIVISION  I. - NUISANCES  IN  GENERAL. 

Section  1.  Any  premises  or  any  part  thereof,  which  may  be  nauseous,  foul  or 
offensive  to  the  neighborhood,  or  to  any  person  or  family  residing  near  the  same,  or 
to  persons  passing  along  any  street  or  alley  near  the  same,  or  in  such  a  condition  as 
to  be  detrimental  or  obnoxious  to  the  public  health  or  comfort,  shall  be  deemed  a 
nuisance,  and  any  owner  or  occupant  of  such  premises,  who  shall  neglect  or  refuse 
to  abate,  remedy,  or  remove  such  nuisance,  or  dense  such  premises  after  notice 
thereof  by  the  Supervisor,  the  Marshal,  or  any  police  constable,  shall  be  subject  to 
a  penalty  of  not  less  than  three  dollars  for  each  day  he  shall  so  neglect  or  refuse  to 
abate,  remove,  remedy,  or  cleanse  the  same  after  such  notice. 

Sec.  2.  Any  pen,  place,  or  premises  in  which  swine  are  kept  or  confined, which, 
may  be  offensive,  or  an  annoyance  to  any  person  residing  near  tlie  same,  or  to  per¬ 
sons  passing  along  any  street  or  alley  near  the  same,  is  hereby  declared  to  he  a  nui¬ 
sance,  and  the  owner  or  keeper  of  such  swine,  or  the  owner  and  occupant  of  the 
premises,  who  shall  neglect  or  refuse  to  abate,  remedy,  or  remove  such  nuisance, 
after  notice  thereof  by  the  Supervisor,  the  Marshal,  or  any  police  constable,  shall 
be  subject  to  a  penalty  of  not  less  than  three  dollars  for  each  day  he  shall  so  neglect 
or  refuse  to  abate,  remedy  or  remove  such  nuisance  after  such  notice. 

Sec.  3.  Any  nauseous,  foul  or  offensive,  or  putrid  liquid,  or  substance,  or  any 
liquid  or  substance  likely  to  become  nauseous,  foul,  offensive  or  putrid,  which  may 
be  discharged,  placed,  or  thrown,  or  flow  from,  or  out  of  any  premises,  into  any 
street  or  alley,  or  into  any  adjacent  premises,  is  hereby  declared  a  nuisance,  and 
whoever  shall  throw,  place,  or  discharge  any  such  nauseous,  foul,  offensive,  or  pu¬ 
trid  liquid  or  substance,  or  any  liquid  or  substance  likely  to  become  nauseous,  foul, 
offensive,  or  putrid,  into  any  street  or  alley,  or  into  any  adjacent  premises,  or  shall 
permit  any  such  nuisance  to  be  discharged,  or  to  flow  from  or  out  of  any  premises 
owned  or  occupied  by  him  or  under  his  control,  into  any  street  or  alley,  or  into  any 
adjacent  premises,  shall  he  subject  to  a  penalty  of  not  less  than  three  dollars,  and  to 


'nuisances. 


115 


a  like  penalty  for  each  day  he  shall  not  abate,  remedy,  or  remove  the  same,  after 
notice  thereof  by  the  Supervisor,  the  Marshal,  or  any  police  constable. 

Sec.  4.  Whoever  shall  deposit,  throw,  or  discharge,  or  leave  any  nauseous,  foul, 
offensive,  or  putrid  liquid,  substance,  or  excrement,  or  any  liquid  or  substance  likely 
to  become  nauseous,  foul,  offensive,  or  putrid  within  the  city,  or  (so  as  to  be  or 
likely  to  become  offensive  or  injurious  to  the  health  or  comfort  of  any  person  resid¬ 
ing  within  the  city,)  within  one  half  mile  thereof,  shall  be  deemed  guilty  of  a  nui¬ 
sance,  and  shall  be  suject  to  a  penalty  of  not  less  than  three  dollars,  and  to  a  like 
penalty  for  each  day  he  shall  not  abate,  remedy,  or  remove  such  nuisance  after  no¬ 
tice  thereof  by  the  Supervisor,  the  Marshal,  or  any  police  constable. 

Sec.  5.  Any  person  who  shall  knowingly  suffer  any  dead  animal  belonging  to 
him  to  remain  within  the  city,  or  within  one  half  mile  thereof,  so  as  to  be  or  be 
likely  to  become  putrid  and  nauseous,  or  offensive  to  any  person  residing  within  the 
city,  shall  be  deemed  guilty  of  a  nuisance,  and  shall  be  subject  to  a  penalty  of  not 
Jess  than  three  dollars. 

Sec.  6.  No  person  shall  m  removing  any  dead  animal,  or  excrement,  or  any  oth¬ 
er  nauseous,  offensive,  or  putrid  liquid,  or  substance,  purposely  or  unnecessarily 
cause  the  same  to  be  offensive  or  annoying  to  any  other  person,  under  a  penalty  of 
not  less  than  three  dollars. 

Sec.  7.  When  any  nuisance  or  any  thing  likely  to  become  a  nuisance,  shall  be 
found  by  the  Supervisor,  the  Marshal,  or  any  police  constable,  or  shall  be  reported 
to  them,  the  author,  owner,  or  cause  of  such  nuisance,  shall  forthwith  be  notified  to 
abate,  remedy  or  remove  the  same,  and  in  case  he  shall  not  comply  with  such  notice, 
the  officer  shall  abate  such  nuisance,  and  bring  suit  against  such  person  in  the  name 
of  the  city,  for  the  penalty,  and  the  costs  of  removal  or  abatement  may  also  be  re¬ 
covered  with  the  penalty,  or  by  a  separate  suit  in  the  name  of  the  city  before  any 
court  having  jurisdiction.  When  any  nuisance  or  any  thing  likely  to  become  a  nui¬ 
sance,  may  be  found  upon  any  premises,  and  the  owner,  author,  or  cause  of  such 
nuisance  is  unknown  or  can  not  be  found,  the  owner,  occupant,  or  agent  of  such 
premises  shall  be  notified  to  abate  the  same,  and  if  such  owner  or  his  agent  or  oc¬ 
cupant,  whose  duty  it  is  to  abate  such  nuisance  shall  not  comply  with  such  notice, 
he  shall  be  subject  to  a  penalty  of  not  less  than  three  dollars,  and  the  officer  shall 
proceed  without  delay  to  abate  the  same,  and  may  bring  suit  in  the  name  of  the  city 
against  the  person  liable  therefor,  for  the  penalty  and  the  costs  of  removal  or  abate¬ 
ment,  or  if  no  person  liable  therefor  can  be  found,  may  report  such  costs  under 
oath  to  the  City  Council  for  allowance,  and  assessment  against  the  premises  charge¬ 
able  therewith.  When  the  owner,  author,  or  cause  of  such  nuisance,  or  the  owner 
or  his  agent,  or  the  occupant  of  the  premises  upon  which  such  nuisance  may  exist 
is  unknown  or  cannot  be  found  within  the  city,  the  officer  shall  anate  such  nuis¬ 
ance  forthwith  without  notice,  and  may  bring  suit  in  the  name  of  the  city  for  the 
penalty  and  the  costs  of  removal  or  abatement  against  the  owner,  author,  or  cause 
of  such  nuisance,  or  the  owner  or  occupant  of  the  premises,  or  other  person  liable 
therefor,  or  if  no  person  liable  therefor  can  be  found,  may  report  the  costs  of  such 
removal  or  abatement  under  oath  to  the  City  Council  for  allowance,  and  assess¬ 
ment  against  the  preir  ises  chargeable  therewith. 

DIVISION  II. - NUISANCES  UPON  LOTS. 

Section  1.  Any  lot  or  premises  upon  which  stagnant  water  may  be  standing  so 


116 


ORDINANCES. 


as  to  become  or  be  likely  to  become  putrid,  foul,  or  offensive,  or  detrimental  to  the 
health  and  comfort  of  persons  residing  in  the  neighborhood  thereof,  is  hereby  de¬ 
clared  a  nuisance. 

Sec.  2.  When  any  lot  or  premises  shall  be  referred  to  the  Board  of  Health  by 
the  City  Council,  or  reported  to  them  as  a  nuisance,  or  as  likely  to  become  a  nui¬ 
sance,  from  stagnant  water  standing  thereon  or  any  other  cause  detrimental  to  the 
public  health  or  comfort,  the  Board  shall  examine  into  the  condition  of  such  lot  or 
premises,  and  if  the  same  shall  be  found  in  such  a  condition  as  to  be  detrimental  or 
obnoxious  to  the  health  or  comfort  of  persons  residing  in  the  neighborhood  thereof, 
shall  report  such  lot  or  premises  as  a  nuisance  to  the  City  Council,  stating  the  cause, 
and  the  manner  deemed  best  for  abating  such  nuisance,  either  by  filling  up  or  drain¬ 
ing  such  lot  or  premises  or  otherwise. 

Sec.  3.  When  any  lot  or  premises  shall  be  reported  to  the  City  Council  as  a 
nuisance  by  the  Board  of  Health,  the  City  Council  may,  by  the  passage  of  an  or¬ 
dinance,  declare  such  lot  or  premises  to  be  a  nuisance,  stating  the  cause  therefor, 
and  require  the  owner  or  occupant  of  the  lot  or  premises  or  other  person  liable 
therefor  to  fill  up  or  drain  such  lot  or  premises,  or  otherwise  abate  such  nuisance, 
within  such  time  as  may  be  named  in  the  ordinance. 

Sec.  4.  The  Mayor  shall,  without  delay,  after  the  passage  of  any  ordinance 
declaring  any  lot  or  premises  a  nuisance  and  requiring  such  nuisance  to  be  abated 
by  the  filling,  draining,  or  otherwise  improving  of  such  lot  or  premises,  cause  a  copy 
of  such  ordinance  to  be  delivered  to  the  owner  of  such  lot  or  premises,  or  his  agent, 
or  the  occupant  thereof,  or  any  other  person  whose  duty  it  is  to  abate  the  nuisance 
thereon.  If  the  owner  of  such  lot  or  premises,  or  other  person  whose  duty  it  is  to 
abate  the  nuisance  thereon,  is  not  a  resident  of  the  city,  the  Mayor  may  inclose  a 
copy  of  the  ordinance  to  such  owner  or  other  person  by  mail,  directed  to  him  at  the 
post  office  at  which  he  usually  receives  his  letters,  if  known.  But  if  such  owner 
or  other  person  whose  duty  it  is  to  abate,  such  nuisance,  or  his  agent,  is  unknown, 
or  the  place  of  his  residence  is  unknown,  the  ordinance  shall  he  published  for  three 
days  in  the  newspaper  publishing  the  ordinances  of  the  city,  which  shall  be  sufficient 
notice  to  all  persons. 

Sec.  5.  If  any  lot  or  premises  shall  not  be  filled  up  or  drained  or  such  nuisance 
otherwise  abated  in  compliance  with  such  ordinance,  the  Mayor  shall  cause  the  same 
to  be  done  by  the  City  Supervisor,  or  may  let  the  same  by  contract  in  the  same  man¬ 
ner  as  for  public  improvements,  and  when  completed  shall  report  to  the  City  Coun¬ 
cil  an  accurate  account  or  the  cost  thereof,  under  the  oath  of  the  Supervisor  or  of 
the  contractor  doing  the  same,  and  the  amount  so  necessarily  expended  in  abating 
such  nuisance  may  be  recovered  of  the  owner  of  such  lot  or  premises,  or  of  any 
other  person  liable  therefor,  by  suit  in  the  name  of  the  city  before  any  court  having 
jurisdiction,  or  may  be  assessed  against  the  lot  or  premises  chargeable  therewith, 
and  collected  by  warrant  and  sale  of  the  same  in  thesame  manner  as  other  nuisances. 

Sec.  6.  When  any  lots  or  premises  shall  he  filled  up  or  drained,  or  any  nuisance 
thereon  otheiwise  abated,  the  officer  or  contractor  doing  the  same  shall  keep  an  ac¬ 
curate  account  of  the  cost  of  abating  such  nuisance  upon  each  separate  lot  or  prem¬ 
ises,  and  shall  report  the  same  separately,  but  if  the  exact  cost  of  each  cannot  be 
ascertained,  he  shall  apportion  the  costs  equitably  as  near  as  may  be  to  each  sepa¬ 
rate  lot  or  p'reu  ises. 


NUISANCES. 


117 


DIVISION  III. — DILAPIDATED  BUILDINGS. 

Section  1.  Any  wooden  building  or  wooden  part  of  any  building  in  the  fire 
limits,  which  may  be  situated  within  thirty  feet  of  any  contiguous  building,  and 
which  shall  be  so  dilapidated  and  out  of  repair  as  to  be  untenantable,  is  hereby  de¬ 
clare!  a  nuisance. 

Sec.  2.  When  any  such  building  or  part  of  building  shall  be  reported  to  the 
City  Council,  the  same  shall  be  referred  to  the  committee  on  fire  and  water  or  other 
appropriate  committee,  who  shall  examine  such  building  and  report  the  condition 
thereof,  and  if  the  City  Council  shall  be  satisfied  that  such  building  is  untenantable 
and  within  thirty  feet  of  any  adjoining  building,  they  may  pass  an  ordinance  requi¬ 
ring  the  removal  of  such  building,  describing  the  same  and  the  location  thereof, 
without  the  fire  limits,  within  such  time  as  the}r  may  deem  necessary. 

Sec.  3.  The  Mayor  shall,  without  delay,  after  the  passage  of  any  ordinance  re¬ 
quiring  the  removal  of  any  such  building,  make  out,  sign,  and  deliver  to  the  Mar¬ 
shal,  a  notice  containing  a  copy  of  the  ordinance,  directed  to  the  owner  of  such 
building,  requiring  him  to  remove  the  same  incompliance  therewith.  The  Marshal 
shall,  without  delay,  serve  such  notice  upon  the  owner  of  such  building,  or  his 
agent,  retaining  a  copy  thereof.  But  if  the  owner  is  a  non-resident  and  has  no 
, known  agent  residing  in  this  city,  the  Mayor  shall  send  the  notice  to  him  by  mail, 
directed  to  him  at  the  post  office  at  which  he  usually  receives  his  letters,  if  known, 
retaining  a  copy  thereof.  If  no  owner  or  his  agent  can  be  found,  or  the  owner  or 
his  place  of  residence  is  known,  the  Mayor  shall  cause  the  ordinance  to  be  publish  ■ 
ed  for  three  days  in  the  newspaper  publishing  the  ordinances  of  thecity,  which  shall 
be  deemed  sufficient  notice  to  all  persons.  If  any  such  building  shall  not  be  re¬ 
moved  in  compliance  wTith  such  notice,  at  the  expiration  of  the  time  named  therein, 
the  Mayor  shall  order  the  City  Marshal  to  remove  or  tear  down  such  building,  or 
such  part  thereof  as  may  be  necessary. 

Sec.  4.  The  Marshal  shall,  without  delay,  execute  the  order  of  the  Mayor,  and 
shall  report  the  costs  of  removal  of  any  such  building  upon  oath  to  the  City  Coun¬ 
cil,  and  the  same  may  be  collected  of  the  owner  of  the  building  by  suit  in  the  name 
of  the  city  before  any  court  having  jurisdiction,  or  assessed  against  the  premises 
chargeable  therewith,  and  collected  by  warrant  and  sale  of  the  same,  in  the  same 
manner  as  in  other  nuisances. 

Sec.  5.  Any  owner  of  any  such  building  who  shall,  when  notified  thereof,  ne¬ 
glect  or  refuse  to  remove  any  such  building,  in  compliance  with  such  notice,  shall 
be  subject  to  a  penalty  of  not  less  than  twenty  dollars. 

Sec.  G.  Any  building  or  erection,  or  part  thereof,  which  shall  be  in  danger  of 
falling,  or  otherwise  in  such  a  condition  as  to  endanger  the  safety  of  persons  in 
passing  under  or  near  the  same,  or  residing  adjacent  thereto,  or  to  endanger  any 
property  contiguous  thereto,  is  hereby  declared  to  be  a  nuisance. 

Sec.  7.  When  knowledge  of  any  .such  dangerous  building  or  erection  shall  come 
to  the  Mayor,  he  shall,  without  delay,  summon  three  disinterested  citizens  of  the 
city,  who  shall  with  him  inspect  such  building  or  erection,  and  if  they  or  a  majori¬ 
ty  of  them,  shall  be  of  the  opinion  that  the  same  endangers  the  safety  of  persons 
passing  under  or  near  the  same,  or  residing  adjacent  thereto,  or  any  property  con¬ 
tiguous  thereto,  the  Mayor  shall,  without  delay,  notify  or  cause  to  be  notified  the 
owner  or  person  having  charge  of  such  building  or  erection,  forthwith  to  remove, 
d<  molisb,  or  otherwise  secure  the  same  or  such  part  thereof  as  may  be  necessary  ; 


118 


ORBINANCES. 


and  upon  his  failing  or  refusing  to  comply  with  such  notice,  the  Mayor  shall,  with¬ 
out  delay,  cause  such  building  or  erection,  or  such  part  thereof  as  may  be  neces¬ 
sary,  to  be  removed,  demolished,  or  otherwise  secured,  so  as  to  be  safe  and  harm¬ 
less  ;  and  the  owner  of  such  building  or  erection,  or  person  having  charge  of  the 
same,  who  shall  so  fail  or  refuse  to  comply  with  such  notice,  shall  be  subject  to  a 
penalty  of  not  less  than  twenty  dollars,  and  the  costs  of  removing,  demolishing,  or 
securing  such  building  or  erection,  shall  be  reported  to  the  City  Council  by  the 
Mayor,  and  the  same  may  be  collected  of  the  owner  of  such  building  or  erection, 
or  person  having  the  same  in  charge,  Dy  suit,  in  the  name  of  the  city  before  any 
court  having  jurisdiction,  or  assessed  against  the  premises  chargeable  therewith, 
and  collected  by  warrant  and  sale  of  the  same,  in  the  same  manner  as  other  nuis¬ 
ances. 

Sec.  8.  All  scaffolds  or  other  erections  used  in  the  erection  of  any  building, 
shall  be  made  secure  and  sufficiently  wide  to  insure  the  safety  of  persons  working 
thereon  or  passing  under  the  same,  against  the  falling  thereof,  or  of  materials  that 
may  be  placed  thereon.  Any  scaffold  or  other  erection  which  may  be  otherwise 
constructed,  shall  be  deemed  a  nuisance,  and  whoever  shall  erect  or  use  any  such 
insecure  or  dangerous  scaffold  or  erection,  shall  be  subject  to  a  penalty  of  not  less 
than  ten  dollars,  and  upon  his  failure  or  refusal  to  remedy  or  remove  the  same 
forthwith,  when  required  by  the  Mayor.  <he  Supervisor,  or  any  police  officer,  the 
officer  shall  cause  the  same  to  be  done  and  the  costs  of  such  removal  shall  be  col¬ 
lected  of  the  owner  or  builder  thereof  and  recovered  by  suit  in  the  name  of  the  city 
before  any  court  having  jurisdiction. 

DIVISION  IV. - ASSESSMENTS  FOR  ABATING  NUISANCES. 

Section  1.  When  any  costs  or  expenses  necessarily  expended  in  removing  or 
abating  any  nuisance  upon  any  premises  chargeable  therewith,  shall  be  reported  to 
the  City  Council  and  examined  by  them,  they  may  by  an  order  to  be  entered  at  full 
upon  the  journals,  approve  and  confirm  the  same,  and  levy  and  assess  such  costs  and 
expenses  against  the  premises  chargeable  therewith.  The  order  shall  contain  a  cor¬ 
rect  list  and  description  of  the  premises,  with  the  name  of  the  owner  thereof,  if 
known,  and  the  amount  assessed  against  each  lot  or  premises  set  opposite  thereto, 
and  may  be  substantially  as  follows,  to  wit : 

“  Ordered  by  the  City  Council,  that  the  several  sums  set  opposite  to  each  of  the 
following  described  lots,  (parts  of  lots,  real  estate,  or  premises,  as  the  case  maybe,) 
to  wit : 


Name  of  owner. 

DESCRIPTION. 

Amount  of 
Assessment. 

Lot.  j 

Block. 

|  Addition. 

A.  B. 

1 

22 

Ralston’s, 

$20,00 

C*  D# 

N*5 

21 

Fonda’s, 

D,00 

E.  F. 

4 

6 

Mason’s. 

40,00 

Being  the  costs  and  expenses  approved  by  the  City  Council,  for  abating  nuisances 
upon  each  of  the  aforesaid  lots  or  premises,  by  the  city,  after  failure  of  the  own¬ 
ers  or  other  persons  whose  duty  it  was  to  abate  such  nuisance,  after  due  notice  to 
do  the  same  in  pursuance  of  the  ordinances  of  the  city,  be,  and  the  same  are  here¬ 
by  levied  and  assessed  against  each  of  said  lots  or  premises  to  defray  the  costs  and 


NUISANCES. 


110 


expenses  of  abating  said  nuisance  thereon,  and  that  a  warrant  issue  for  the  collec¬ 
tion  of  said  assessment  against  each  lot,  parts  of  lot  or  premises,  returnable  within 
sixty  days  from  the  date  thereof.” 

Sec.  2.  The  City  Clerk  shall,  without  delay,  after  the  passage  of  the  order  of 
assessment,  make  out  and  deliver  to  the  Collector  of  Taxes,  a  warrant  for  the 
collection  of  the  assessments  containing  a  true  copy  of  the  order  of  the  City  Coun¬ 
cil,  signed  by  the  Mayor  and  himself  under  the  corporate  seal,  and  returnable 
within  sixty  days  from  the  date  thereof.  The  Clerk  shall  take  the  receipt  of  the 
Collector  for  the  warrant  upon  delivery  thereof  and  charge  him  with  the  amount: 
of  the  same. 

Sec.  3.  The  Collector  of  Taxes  upon  receipt  of  the  warrant,  shall,  with¬ 
out  delay,  cause  a  notice,  signed  by  him,  to  be  published  for  ten  days,  in  the  news¬ 
paper  publishing  the  ordinances  of  the  city,  stating  that  the  warrant  for  the  collec¬ 
tion  of  the  assessments  made  by  the  City  Council  against  the  premises  named 
therein,  (describing  the  same  with  the  name  of  the  owner  thereof,  if  known,  and 
the  amount  of  the  assessment  as  fully  set  forth  in  the  warrant,)  and  for  the  sums 
set  opposite  to  each,  for  the  costs  and  expenses  of  abating  nuisances  upon  such 
premises,  has  been  delivered  to  him  for  collection  and  that  payment  of  the  same  is 
demanded.  Such  notice  shall  be  deemed  a  sufficient  demand  and  a  neglect  to  pay 
such  assessment  for  twenty  days  after  the  expiration  of  such  notice  shall  be  deemed, 
a  refusal.  But  the  Collector  shall,  as  far  as  is  practicable,  make  per¬ 
sonal  demand  of  payment  of  the  owner  of  such  premises,  or  his  agent,  or  other 
person  liable  therefor,  if  he  may  be  found  within  the  city. 

Sec.  4.  The  Collector  of  Taxes  shall,  in  the  collection  of  the  warrant  have 
all  the  powers  conferred  on  him  by  law  in  the  collection  of  general  warrants  for 
taxes,  and  shall  perform  the  same  duties  and  be  subject  to  the  same  liabilities,  and 
his  return  may  be  made  in  like  form.  The  City  Council  may  by  order  or  resolu¬ 
tion  extend  the  time  of  the  return  of  the  warrant. 

Sec.  5.  When  any  warrant  shall  be  returned  unsatisfied  in  whole  or  in  part  as 
to  any  assessment  against  any  lot  or  premises  or  any  part  thereof,  the  City  Coun¬ 
cil  may  at  any  time  thereafter,  by  an  order  to  be  entered  at  large  upon  the  journals 
or  record  kept  by  the  Clerk,  direct  the  Collector  to  sell  the  delinquent 
premises,  (describing  the  same  with  the  name  of  the  owner  thereof,  if  known,  and, 
the  assessments  severally  due  thereon  and  purpose  thereof  as  fully  set  forth  in  the 
warranty  or  so  much  thereof  as  may  be  necessary  for  the  payment  of  such  assess¬ 
ment  and  the  costs  of  sale. 

Sec.  6.  The  City  Clerk  shall,  without  delay,  after  the  passage  of  the  order  of 
sale,  make  out  a  certified  copy  thereof  signed  by  himself  and  the  Mayor  under  the 
corporate  seal,  and  attach  to  the  warrant,  and  deliver  the  same  to  the 
Collector.  The  copy  of  the  order,  and  the  warrant  shall  constitute  the  process  up¬ 
on  which  the  Collector  shall  sell  the  delinquent  premises  described  therein,  and 
they  may  be  sold  at  any  time  within  two  years  after  the  approval  or  confirmation 
of  such  assessment  by  the  City  Council. 

Sec.  7.  The  Collector  of  Taxes  shall  then  sell  the  delinquent  premises  or 
so  much  thereof  as  may  be  necessary  to  pay  such  assessment  and  the  costs  of  ad¬ 
vertising  the  same  for  sale,  he  first  giving  notice  of  the  time  and  place  of  sale,  by 
publishing  an  advertisement  at  least  four  times  in  the  newspaper  publishing  the  or¬ 
dinances  of  the  city,  the  first  publication  to  be  made  at  least  thirty  days  before 
such  sale,  describing  the  delinquent  lots  or  premises  by  figures  or  otherwise,  with 


120 


ORDINANCES. 


!  he  name  of  the  owner,  if  known,  and  the  amount  of  the  assessments  severally  due 
thereon,  as  fully  as  set  forth  in  the  warrant,  and  stating  that  the  smallest  portion  of 
the  lot  or  premises  to  be  taken  from  the  east  side  thereof,  will  be  sold  to  the  per¬ 
son  who  will  take  the  same  and  pay  the  assessment  due  against  the  same  for  abating 
nuisances  thereon  and  the  costs  of  advertising  the  same  for  sale.  All  proceedings 
may  be  stopped  at  any  time  before  sale,  by  payment  of  the  assessment  and  the  costs 
of  advertising. 

Sec.  8.  All  subsequent  proceedings  shall  be  the  same  in  all  respects  whatever 
as  in  cases  of  sales  for  general  taxes,  and  the  duties  and  liabilities  of  the 
Collector,  the  City  Clerk,  the  City  Council  and  purchasers,  shall  in  all  re¬ 
spects  whatever,  be  the  same  as  is  presciibed  by  law  or  ordinance  in  sales  for  gen¬ 
eral  taxes. 

Passed,  July  26,  1859. 


CHAPTER  XX. 

OFFICERS. 

An  Ordinance  in  relation  to  City  Officers. 

DIVISION  I. - OF  CITY  OFFICERS  IN  GENERAL. 

Section  1.  The  City  Council  may  by  an  order  require  any  city  officer  before, 
entering  upon  the  discharge  of  the  duties  of  his  office,  to  execute  bond  to  the  city, 
in  such  sum  as  may  be  named  in  the  order,  and  with  such  sureties  as  they  may  ap¬ 
prove.  But  no  member  of  the 'City  Council,  or  officer  of  the  city,  shall  be  receiv¬ 
ed  as  a  surety  on  the  official  bond  of  any  city  officer.  The  bond  of  each  city  officer 
shall  be  conditioned  “that  he  will  faithfully  execute  the  duties  of  his  office ,  and  ac¬ 
count  for  and  pay  over  and  deliver  all  moneys  and  other  property  received  by  him ; 
on  account  of  the  city.”  All  official  bonds  shall  be  submitted  to  the  City  Council 
for  their  approval,  which,  when  given,  the  City  Clerk  shall  certify  thereon,  and 
shall  file  and  preserve  the  same  in  his  office.  The  City  Council  may,  at  any  time, 
require  a  new  bond  to  be  executed  by  any  city  officer,  if  from  any  cause  they  shall 
deem  the  old  bond  or  the  sureties  thereon  to  be  insufficient,  but  the  execution  of 
such  new  bond  shall  not  in  any  manner  affect  any  liability,  loss,  or  damage  incurr¬ 
ed  under  the  old  bond,  or  release  the  sureties  from  any  liability  incurred  thereon. 
All  bonds  and  contracts  shall  be  written,  or  printed,  or  partly  both,  in  a  plain  and 
legible  manner. 

Sec.  2.  When  any  city  officer  shall  have  qualified  as  required  by  the  charter  and 
ordinances  of  the  city,  the  City  Clerk  shall  make  out  and  deliver  to  him  a  commis¬ 
sion  under  the  corporate  seal,  signed  by  the  Mayor  or  presiding  officer  of  the  City 
Council,  and  the  City  Clerk.  The  commission  maybe  substantially  as  follows,  to 
wit : 

A.  B.,  Mayor  of  the  city  of  Warsaw  :  To  all  to  whom  these  presents  shall  come  : 
Greeting:  Know  ye,  that  C.  D.  Having  been  duly  (elected  or  appointed  as  the  case 

may  be,)  and  qualified  to  the  office  of - of  the  city  of  Warsaw;  I,  A.  B., 

Mayor,  (or  acting  Mayor  as  the  case  may  be,)  of  said  city,  for  and  in  behalf  of 
the  people  thereof;  do  hereby  commission  him - ,  in  and  for  said  city:  to 


OFFICERS. 


121 


ihave  and  possess  the  said  office  ,  with  all  the  rights,  powers,  and  emoluments  inci¬ 
dent  thereto,  with  authority  to  execute  all  the  duties  thereof  according  to  law3  until 
his  successor  shall  be  duly  chosen  and  qualified. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and 
caused  the  corporate  seal  of  said  city  to  be  affixed,  this 

T  seal.  ]  - day  of  - ,  A.  D.,  one  thousand  eight  hundred 

and  fifty  — ,  and  of  the  Independence  of  the  United 
States  the  eighty  — year.  By  the  Mayor, 

A.  B.,  Mayor. 

E.  F.,  Clerk. 

Sec.  3.  All  officers  collecting  or  receiving  any  moneys  on  account  of  the  city, 
shall  pay  the  same  as  fast  as  collected,  into  the  city  treasury,  in  the  same  kind  of 
funds  as  received  by  them,  and  shall,  on  the  first  Monday  of  each  month,  report  to 
the  City  Council  an  accurate  statement  of  all  moneys  received  by  them  for  the  pre¬ 
ceding  month,  specifying  the  amount,  from  whom,  and  on  what  account  received. 
No  officer  shall  retain  any  moneys  collected  or  received  by  him,  toward  the  pay¬ 
ment  of  any  salary  or  fees  which  may  be  coming  to  him  from  the  city,  but  shall 
pay  the  same  into  the  treasury.  Any  officer  violating  any  provision  of  this  section 
shall  be  subject  to  a  penalty  of  not  less  than  ten  dollars. 

Sec.  4.  The  records,  books,  and  papers  pertaining  to  any  city  office,  shall,  at  all 
i  easonable  times,  be  subject  to  the  inspection  and  examination  of  the  mayor,  the 
city  council,  or  any  of  its  committees,  or  any  person  interested  in  the  same  ;  and  all 
city'  officers  shall,  when  requested,  give  all  the  information  in  their  power  pertain¬ 
ing  to  their  respective  offices,  to  the  city  council  or  any  of  its  committees,  the 
mayor,  the  board  of  school  inspectors,  or  any  other  department  of  the  city  govern¬ 
ment. 

Sec  5.  When  any  particular  officer  required  by  ordinance  to  execute  any  par¬ 
ticular  duty,  shall  be  absent  or  incompetent  or  otherwise  unable  to  discharge  such 
duty,  the  mayor  may  assign  the  discharge  of  such  duty  to  some  other  officer,  and 
such  officer  shall  act  in  such  case  with  the  same  powers  and  authority  as  if  specially' 
named  in  the  ordinance. 

Sec.  6.  If  any  city  officer  shall  remove  from  the  city,  or  absent  himself  there¬ 
from  for  three  months,  his  office  shall  thereby  be  vacated.  Any  officer  desiring  to 
be  temporarily  absent,  shall  apply  to  the  city  council  if  in  session,  or  if  not,  to  the 
mayor  for  leave  of  absence;  which  may  be  granted  for  any  time  not  exceeding  one 
month,  by  the  mayor,  or  by  the  city  council  not  exceeding  three  months.  Any 
officer  who  shall  absent  himself  from  the  city  for  more  than  one  week  without  such 
leave  of  absence,  shall  be  subject  to  a  penalty  of  not  less  than  twenty  dollars  for 
each  week  he  shall  so  absent  himself. 

Sec.  7.  All  officers  shall  be  liable  to  the  city  for  all  loss  or  damage  that  may 
arise  from  their  negligence  or  willful  misconduct  in  ti  e  discharge  of  any  official 
duty;  and  the  city  council  may  in  their  discretion,  by  order,  withhold  the  salary  of 
any  such  officer  in  order  to  secure  the  city  from  loss.  And  if  any  officer  shall  fail, 
neglect,  or  refuse  to  discharge  or  perform  any  duty  required  of  him,  the  city  coun¬ 
cil  may  employ  or  appoint  some  competent  person  to  perform  such  duty,  and  the 
costs  and  expenses  of  doing  the  same  shall  be  charged  to  such  officer,  and  deducted 
from  his  salary ;  or  if  his  salary  shall  be  insufficient  to  pay  the  same,  they  may  be 
collected  from  him  and  recovered  by  suit  in  the  name  of  the  city  before  any  court 
having  jurisdiction. 


ORDINANCES. 


1 

JL  mt 

Sec.  8.  Whenever  it  shall  come  to  the  knowledge  of  the  mayor  or  any  member 
of  the  city  council,  that  any  city  officer  is  incompetent,  or  has  willfully  neglected 
or  refused  to  discharge  any  of  the  duties  of  his  office,  or  has  been  guilty  of  any 
malfeasance,  misfeasance,  or  other  improper  conduct  in  the  discharge  of  his  official 
duties,  he  shall  forthwith  prefer  charges  in  writing  against  such  officer  to  the  city 
council,  specifying  the  nature  of  the  offenses  or  offense  with  which  he  is  charged. 
The  city  council  shall  immediately  thereupon  appoint  by  baljot  a  committee  to  con¬ 
sist  of  three  members,  to  examine  into  such  charges,  and  who,  if  upon  such  ex¬ 
amination  they  shall  deem  them  well  founded,  shall  frame  such  charges  with  such 
additional  charges  as  they  may  find  probable  cause  for  preferring,  with  specifica¬ 
tions,  and  report  them  to  the  city  council.  Whereupon  the  city  council  shall  set  a 
day  for  hearing  and  determining  the  same  within  ten  days.  A  copy  of  the  charges 
and  specifications  with  a  notice  of  the  day  set  for  hearing  the  same,  shall,  without 
delay,  be  made  out  by  the  city  clerk  and  delivered  to  the  accused.  Upon  the  day 
appointed  the  city  council  shall  proceed  to  hear  and  determine  concerning  such 
charges,  and  hear  and  examine  all  evidence  that  may  be  afforded  on  both  sides,  and 
may,  if  necessary,  adjourn  from  day  to  day,  and  shall,  upon  concluding  such  ex¬ 
amination,  vote  by  ayes  and  nays  upon  the  charges  whether  the  accused  is  guilty. 
The  question  upon  each  charge  shall  be  “is  the  accused  guilty  ?”  and  if  twTo  thirds 
of  all  the  aldermen  required  by  law  to  be  elected,  shall  vote  that  he  is  guilty  of 
any  charge  preferred,  they  may  resolve  that  he  be  removed  from  office  ;  and  shall 
thereupon  proceed  to  fill  such  vacancy  according  to  law.  The  proceedings  shall  be 
entered  at  large  upon  the  journals  by  the  city  clerk. 

Sec.  9.  The  accused  shall  be  heard,  if  he  shall  so  desire,  by  himself  or  counsel 
in  his  defense,  and  the  city  attorney,  if  required,  shall  attend  and  prosecute  on  be¬ 
half  of  the  city.  But  no  exceptions  shall  be  taken  or  allowed  as  to  the  form  of  the 
charges  or  specifications;  and  it  shall  be  sufficient  if  the  offense  charged  is  clearly 
and  substantially  set  forth. 

Sec.  10.  The  mayor  shall  issue  warrants  under  the  corporate  seal,  for  all  wit¬ 
nesses,  or  the  production  of  all  papers  that  may  be  required,  either  before  the  city 
council,  or  before  the  special  committee,  and  deliver  the  same  to  the  city  marshal, 
who  shall  serve  the  same  by  reading,  or  by  delivery  of  a  copy  thereof  to  the  person 
summoned,  and  shall  make  a  return  in  what  manner  he  has  executed  the  same. 
And  any  person  who  shall  neglect  or  refuse  to  appear  or  to  testify  when  so  requir¬ 
ed,  or  to  produce  any  papers  which  he  may  have  in  his  possession  or  under  his 
control  pertaining  to  such  trial,  shall  be  subject  to  a  penalty  of  not  less  than  fifty 
dollars,  and  may  be  compelled  to  appear  or  to  testify  in  any  other  legal  manner. 
When  any  witness  may  be  unable  to  attend  from  sickness  or  other  cause,  or  is  be¬ 
yond  the  jurisdiction  of  the  council,  his  deposition,  taken  in  accordance  with  the 
laws  of  the  State,  may  be  read  in  evidence. 

Sec.  11.  When  any  charges  shall  be  preferred,  the  officer  shall  immediately  be 
suspended  until  they  are  disposed  of,  and  the  city  council  may  make  a  temporary 
appointment  to  fill  such  vacancy.  If  any  officer  shall,  without  good  cause,  neglect 
to  appear  at  the  time  appointed,  and  answer  the  charges  against  him,  his  office  shall 
be  declared  vacant,  Any  officer  who  may  be  removed  from  office,  shall  not  receive 
any  salary  from  and  after  the  date  charges  are  preferred  against  him. 

Sec.  12.  Any  city  officer,  authorized  or  required  by  the  city  charter  to  be  ap¬ 
pointed  by  the  city  council,  may  be  removed  from  office  at  any  time  by  a  vote  of 
two  thirds  of  all  the  alderman  required  by  law  to  be  elected.  But  the  city  council 


OFFICERS. 


123 


may  at  its  option  cause  charges  to  be  preferred  against  such  officer,  and  proceed  to 
hear  and  determine  the  same  in  the  same  manner  as  is  prescribed  in  the  9th  Section 
hereof. 

* 

DIVISION  II. — CITY  ATTORNEY. 

Section  1.  The  City  Attorney  shall  be  licensed  to  practice  in  the  courts  of  the 
State,  and  shall  prosecute  or  defend  in  behalf  of  the  city  in  all  cases  in  which  the 
interests  of  the  city,  or  the  official  acts  of  any  officer  or  agent  of  the  city  are  in¬ 
volved. 

Sec.  2.  He  shall,  when  required,  prosecute  any  suit  brought  in  the  name  of  the 
city  before  any  police  or  other  magistrate  for  the  recovery  of  any  penalty  or  oth¬ 
erwise. 

He  shall  cause  execution  to  be  issued  upon  all  judgments  recovered  in  favor  of 
the  city,  and  attend  to  their  prompt  collection. 

He  shall  report  to  the  City  Council  or  to  the  Mayor  all  cases  in  which  he  shall 
deem  it  expedient  to  take  any  appeal  or  writ  of  error  on  behalf  of  the  city,  and  the 
City  Council  may,  by  an  order  or  resolution,  authorize  the  same  to  be  done,  and  the 
Mayor  shall  enter  into  such  bond  or  other  obligation  on  the  part  of  the  city,  under 
the  corporate  seal,  and  with  such  sureties  as  may  he  necessary  ;  and  such  sureties 
shall  be  indemnified  by  the  city  from  all  loss  or  damage. 

He  shall  prepare  and  file  all  necessary  papers  in  all  cases  where  the  city  is  a  party 
or  interested.  The  City  Clerk  shall  deliver  to  him  any  bond  or  other  paper  neces¬ 
sary  to  be  used  in  any  suit  or  other  proceeding,  taking  his  receipt  for  the  same. 

Sec.  3.  He  shall  be  allowed  one  dollar  of  all  fines  and  penalties  under  ten  dol¬ 
lars,  and  two  dollars  of  all  fines  and  penalties  exceeding  ten  dollars,  which  may  be 
recovered  and  collected  in  cases  which  he  shall  actually  prosecute.  He  shall  be  al¬ 
lowed  five  dollars  of  each  judgment  under  one  hundred  dollars,  and  ten  dollars  of 
each  judgment  exceeding  one  hundred  dollars  in  favor  of  the  city,  obtained  in  courts 
of  record,  and  collected  by  him. 

Sec.  4.  He  shall  report  to  the  City  Council  without  delay  after  the  adjournment 
of  each  term  of  any  court  of  record,  and  at  such  other  times  as  he  may  be  required, 
the  state  or  disposition  of  all  cases  of  the  city  pending  in  such  court.  He  shall  ex¬ 
amine  all  fee  bills  of  officers  of  courts  and  others,  and  certify  to  the  correctness  of 
the  same,  and  the  liability  of  the  city  therefor. 

Sec.  5.  The  City  Attorney  may,  in  case  of  temporary  absence,  or  otherwise  be¬ 
ing  unable  to  attend  to  the  duties  of  his  office,  with  the  consent  of  the  Mayor  and 
at  his  own  expense,  appoint  some  competent  attorney  to  act  in  his  place.  The 
City  Council  may  authorize  the  retaining  of  assistant  counsel  when  deemed  expe¬ 
dient. 


DIVISION  III. - CITY  ENGINEER. 

SectoiN.  1.  The  City  Engineer  or  Surveyor  shall,  when  required  by  the  Mayor, 
the  City  Council,  or  any  of  its  committees,  make  out  plans,  estimates  and  specifi¬ 
cations  for  any  public  work  which  may  be  ordered  or  proposed  by  the  City  Coun¬ 
cil,  and  superintend  the  construction  thereof. 

He  shall,  when  required  by  the  City  Council,  make  surveys  of  the  grades  or 
boundaries  of  streets  or  alleys,  and  prepare  plats  or  profiles  thereof,  and  report  the 


124 


ORDINANCES. 


.same  to  the  City  Council,  and  no  such  survey  of  any  grade  or  boundary  shall  be 
established  and  valid,  until  the  plat  or  profile  thereof  shall  be  reported  to  and  ap¬ 
proved  by  the  City  Council. 

He  shall,  when  required,  receive,  inspect,  or  measure  any  lumber  or  other  mate¬ 
rials  to  be  used  for  any  public  work,  and  if  necessary  shall  keep  an  accurate  ac¬ 
count  in  a  suitable  book,  of  the  quantity  and  quality  of  the  same,  and  from  whom 
received,  and  the  cost  thereof,  and  also  for  what  purpose  used,  or  to  be  used,  and 
jto  whom  delivered. 

He  shall  examine  all  accounts  ('for  materials  received  by  him  on  account  of  the 
/city,  and  if  correct,  certify  the  same  to  the  City  Council. 

Sec.  2.  He  shall  preserve  in  his  office  all  records  and  plats  of  surveys,  and  all 
books,  papers  and  writings  pertaining  to  his  office. 

He  shall  make  out  and  keep  a  diagram  or  plat  of  all  the  grades  and  boundaries 
of  streets  and  alleys  established  by  the  City^  Council,  correcting  the  same  when  any 
grade  shall  be  changed,  and  adding  thereto  when  any  new  grade  or  boundary  shall 
be  established ;  and  he  ffiall  record  in  a  suitable  book  the  profiles  and  notes  of  all 
surveys  of  grades  and  boundaries  established,  and  shall  preserve  the  original  papers 
relating  thereto:  and  shall  otherwise  keep  a  systematic  record  of  all  the  transac¬ 
tions  pertaining  to  his  department. 

Sec.  3.  He  shall  make  all  surveys  in  the  city  that  he  may  be  called  upon  to 
make  ;  and  shall  employ  at  his  own  expense  the  necessary  chainmen  and  other  as¬ 
sistants,  who  shall,  before  entering  upon  their  duties,  be  sworn  before  him,  or  any 
person  authorized  to  administer  oaths,  “  to  measure  accurately  and  justly,  and  to 
perform  their  duties  to  the  best  of  their  knowledge  and  ability 

He  shall  acquaint  himself  with  the  original  surveys  of  the  town  and  city,  and 
shall,  as  far  as  it  is  practicable,  provide  himself  with  copies  of  the  field  notes  of 
the  original  surveys ;  and  shall  make  his  surveys  in  accordance  therewith  ;  and  he 
shall  note  all  errors  and  discrepancies  in  the  original  surveys,  or  re-surveys,  as  soon 
as  discovered. 

Sec.  4.  He  shall,  upon  finding  or  establishing  the  boundary  of  any  lot  or  tract 
surveyed,  plant  a  substantial  stake  or  stone  at  each  corner  thereof,  and  give  to  the 
owner,  or  person  employing  him,  if  required,  a  certificate,  stating  the  date,  and,  as 
far  as  practicable,  the  metes  and  bounds  of  the  survey,  and  he  shall  record  all  such 
surveys  in  a  suitable  book,  stating  the  date  of  the  survey,  for  whom  made,  and  de- 
sciibing,  as  far  as  practicable,  the  metes  and  bounds  thereof. 

Sec.  5.  He  shall  be  entitled  to  charge  and  receive  as  his  fees  for  giving  the  line 
of  or  for  surveying  any  single  lot  or  tract  the  sum  of  two  dollars  ;  for  making  a 
plat  of  the  same,  including  the  block  in  which  the  lot  or  part  of  lot  belongs,  one 
dollar  ;  for  subdividing  any  lot,  block,  or  tract  so  surveyed,  for  each  subdivision  less 
than  ten,  including  the  necessary  plats  thereof,  fifty  cents,  for  each  subdivision 
over  ten  and  less  than  twenty,  forty  cents  ;  for  each  subdivision  over  twenty  and 
under  forty,  thiriy  cents  each  ;  for  each  subdivision  over  forty  and  under  one  hun¬ 
dred,  twenty-five  cents  each,  and  for  each  subdivision  exceeding  one  hundred, 
twenty  cents  each. 

He  shall  mark  the  grade  of  any  street  or  alley,  where  the  same  is  established,  at 

the  request  of  any  person  wishing  to  make  any  erection  or  enclosure,  or  lay  any 
sidewalk. 

Sec.  6.  The  City  Clerk  shall  return  to  the  City  Surveyor  and  Engineer  all  plats 

and  other  papers  pertaining  to  his  department,  as  soon  as  the  City  Council  shall 
have  no  further  use  therefor. 


OFFICERS. 


125 


DIVISION'  IV. - CITY  SUPERVISOR. 

Section'  1.  The  City  Supervisor  shall  superintend  all  improvements  ordered  by 
‘he  City  Council  upon  the  streets  and  alleys,  and  make  all  necessary  repairs  thereof. 
But  no  improvement  or  repair,  except  such  repairs  as  may  be  actually  necessary 
shall  be  made  without  the  order  of  the  City  Council ;  and  he  shall,  without  delay, 
cause  all  breaks  in  any  planked  street  or  alleys,  bridge,  culvert,  apron  or  street- 
crossing,  or  other  insecure  or  unsafe  place,  to  be  repaired,  and  report  the  costs 
thereof  to  the  City  Council  for  allowance,  and  when  the  probable  cost  of  any  such 
repair  shall  exceed  twenty-five  dollars,  the  same  shall  be  made  with  the  concurrence 
of  the  Mayor,  or  of  the  committee  on  streets  and  alleys.  He  shall  annually,  as 
early  as  is  practicable  in  the  spring  of  the  year,  under  the  direction  of  the  Mayor, 
or  the  committee  on  streets  and  alleys,  cause  the  streets  and  alleys,  where  needed, 
to  be  cleansed  and  the  gutters  to  be  opened,  and  he  shall,  as  far  as  it  is  practicable, 
keep  them  in  that  condition  during  the  year.  He  shall,  from  time  to  time  examine 
into  the  condition  of  the  streets  and  alley’s,  bridges,  culverts,  cross-walks,  and  side¬ 
walks,  and  report  the  same  to  the  city  council,  and  recommend  such  improvements 
or  repairs  as  he  may  deem  needed. 

Sec.  2.  He  may,  by  authority  of  the  City  Council,  when  the  street  labor  shall 
be  insufficient  for  repairing  the  streets,  employ  such  laborers  and  carts  and  teams 
as  may  be  deemed  necessary  by  the  Cny  Council,  and  at  such  price  as  may  be  fixed 
by  them,  not  exceeding  the  usual  rates  paid  by  others  for  similar  labor  and  service. 

He  shall  oversee  and  direct  the  street  laborers  and  workmen  in  the  employ  of 

the  city,  and  requiie  them  to  labor  faithfully,  and  shall  keep  a  correct  account  of 
their  time  in  a  suitable  book. 

He  may  procure  the  necessary  implements  for  performing  street  work,  or  materi¬ 
als  for  bridges,  culverts  or  cross-walks,  but  he  shall  purchase  no  implements  or 

materials  without  making  his  written  request  to  the  Mayor,  and  getting  his  order 
therefor. 

Sec.  3.  He  shall  keep  in  an  appropriate  book,  and  in  such  manner  as  may  be 
required,  by  the  Committee  on  Finance,  a  plain  and  accurate  account  of  all  expen¬ 
ditures  made  under  his  supervision,  specifying  to  whom  made,  for  what  purpose, 
and  to  what  ward  chargeable. 

He  shall  keep  a  correct  list  and  account  of  all  implements,  materials  and  other 
property  of  the  city  in  his  charge,  and  shall  be  accountable  therefor;  and  shall  de¬ 
liver  the  same  to  his  successor  in  office,  taking  his  receipt  therefor,  which  he  shall 

file  with  the  City  Clerk,  who  shall  credit  him  with  the  same,  and  charge  his  suc¬ 
cessor  therewith.  , 

"When  he  shall  purchase  any  implements  on  account  of  the  city,  he  shall  immedi¬ 
ately  report  the  bill  thereof  to  the  City  Clerk,  who  shall  charge  him  with  the  same 

at  cost.  He  shall  cause  all  implements  belonging  to  the  city  to  be_legib]y  marked 
or  branded  with  the  letters  ((  C.  W.  ” 

Sec.  4.  He  shall  examine  all  accounts  of  contractors  and  others  for  work  per¬ 
taining  to  his  department,  or  for  implements  and  materials  furnished  therefor,  and 
if  correct,  certify  the  same  to  the  City  Council. 

Sec.  5.  He  shall,  at  each  regular  meeting,  report  to  the  City  Coun¬ 
cil  a  statement  of  all  expenditures  under  his  supervision  for  the  preceding  month, 
specifying  the  purpose  of  such  expenditure  and  the  ward  in  which  the  same  was 
made,  and  if  required,  the  person  to  whom  made.  No  account  presented  or  certi¬ 
fied  shall  be  allowed,  or  warrant  issued  thereon,  unless  it  shall  be  so  rendered  as  to 
show  to  what  account  and  ward  it  is  chargeable. 


126 


ORDINANCES. 


Sec.  6.  The  City  Supervisor  shall  cause  all  ordinances  in  relation  to  the  streets 
and  alleys  and  sidewalks  to  be  enforced,  and  shall  prosecute  all  violations  thereof. 
He  shall  obey  all  such  orders,  general  or  special,  as  he  may  receive  from  the  City 
Council,  the  Committee  on  streets  and  alleys,  or  the  Mayor,  and  for  refusal  or 
willful  neglect  to  perform  any  duty  required  of  him  by  the  charter  or  any  ordi¬ 
nance,  he  shall  be  subject  to  removal  from  office. 

Sec.  7.  The  City  Council  shall,  as  soon  as  practicable  after  the  commencement 
of  each  fiscal  year,  appropriate  from  the  general  fund,  an  amount  to  be  expended 
in  improving  and  repairing  the  streets  and  alleys,  setting  apart  to  each  ward  a  sum 
equal  as  near  as  may  be  to  the  proportion  of  general  taxes  paid  by  such  ward. 
Street  taxes  shall  be  exclusively  expended  in  the  wards  in  which  the  persons  pay¬ 
ing  the  same  reside. 

The  City  Clerk  shall  credit  each  ward  with  the  amount  of  such  appropriation 
and  street  taxes  paid,  and  charge  it  with  the  amount  of  all  warrants  drawn  against  it. 

The  City  Clerk  shall  immediately  notify  the  Mayor  or  City  Council  when  any 
such  appropriation  is  exhausted,  and  thereafter  no  warrant  shall  be  drawn  against 
the  same  until  the  further  order  of  the  City  Council ;  and  no  new  contracts  shall  be 
let  or  improvements  ordered,  except  for  such  repairs  of  the  streets  and  alleys  as 
may  be  actually  necessary.* 

Sec.  8.  When  any  bridge,  cross-walk,  culvert,  or  other  street  work  shall  be 
ordered  by  the  City  Council,  the  location  and  manner  of  constructing  thereof  shall 
be  designated  in  the  order. 

Cross-walks  shall  be  constructed  not  less  than  two  nor  exceeding  four  feet  in 
width,  and  shall  be  so  laid  as  not  materially  to  obstruct  the  road  way;  and  when 
the  width  is  not  specified  in  the  order,  shall  be  laid  to  the  width  of  three  feet. 

DIVISION  V. - CITY  "WEIGHER. 

Section  1.  There  shall  annually  be  appointed  a  City  Weigher,  who  shall  hold 
ills  office  for  one  year,  and  until  the  qualification  of  his  successor. 

He  shall  attend  at  the  public  scales  at  all  reasonable  hours  during  the  day,  for 
the  purpose  of  weighing  each  load  or  parcel  that  may  be  presented  to  be  weighed. 
He  shall  keep  an  appropriate  book  in  which  he  shall  enter  the  kind,  and  weight  of 
each  load  or  parcel  weighed,  and  for  whom  and  the  date  when  weighed,  and  shall 
give  a  certificate  thereof  to  the  person  applying  for  the  weighing  of  such  load  or 
parcel,  which  certificate  shall  be  delivered  to  the  purchase!  on  sale  or  delivery  of 
the  load. 

Sec.  2.  No  person  shall  deliver,  or  sell,  or  offer  for  sale,  any  load  of  hay  or 
stone  coal,  without  the  same  being  first  weighed  by  the  city  weigher  and  a  certifi¬ 
cate  thereof  given,  under  a  penalty  of  not  less  than  five  dollars  in  each  case.  But 
the  provisions  of  this  section  shall  not  be  deemed  to  apply  to  any  stone  coal  sold  or 
delivered  by  the  car  load  upon  any  railroad  or  by  the  boat  load. 

Sec.  3.  The  City  Weigher  may  charge  and  receive  ten  cents  for  each  load  or 
parcel  not  exceeding  five  thousand  pounds  weighed  by  him,  and  twenty  cents  for 
each  load  or  parcel  exceeding  five  thousand  pounds  net,  to  be  paid  by  the  person 
applying  therefor. 


*  An  action  for  damages  resulting  from  negligence  in  not  repairing  the  streets, 
will  lie  against  a  municipal  corporation,  if  the  duty  to  make  repairs  is  fully  de¬ 
clared,  and  adequate  means  are  put  within  the  power  of  the  corporation  to  perform 
the  duty,— Browning  vs,  Springfield,  17  Ills.,  143. 


OFFICERS. 


127 


Sf,c.  4.  When  the  vehicle  and  load  shall  be  weighed  together,  the  weigher’s 
certificate  shall  state  the  gross  weight  thereof ;  and  upon  sale  or  delivery  of  the 
load,  the  vehicle  shall  be  weighed  and  the  nett  weight  of  the  load  ascertained  ;  and 
he  shall  calculate  and  enter  upon  the  certificate  the  quantity  of  bushels,  or  tons,  or 
parts  thereof,  in  the  load,  if  the  same  be  sold  or  delivered  by  the  bushel  or  ton. 
But  if  the  vehicle  shall  have  been  before  weighed,  and  the  weight  thereof  ascer¬ 
tained,  it  shall  not  be  necessary  to  re-weigh  the  same,  unless  required  by  the  pur¬ 
chaser  of  the  load,  and  no  charge  shall  be  made  for  weighing  the  vehicle  in  order 
to  ascertain  the  nett  weight  of  the  load.  Whoever  sha'l  neglect  or  fail  to  have  his 
vehicle  weighed  after  sale  or  delivery  of  the  load  thereof  as  herein  required,  shall 
be  subject  to  a  penalty  of  five  dollars.* 

Sec.  5.  Whoever  shall  alter  any  certificate  of  the  weigher,  or  shall  use  or  at¬ 
tempt  to  use  the  same,  for  any  other  load  or  parcel  than  the  one  for  which  it  was 
delivered,  or  shall  after  the  weighing  and  before  the  sale  and  delivery  of  any  load 
or  parcel  diminish  the  quantity  thereof,  or' shall  practice,  or  attempt  to  practice  any 
other  fraud  or  deceit  in  the  weighing,  sale  or  delivery  of  any  load  or  parcel,  shall 
be  subject  to  a  penalty  of  not  less  than  ten  dollars  in  each  case  ;  and  the  weigher 
shall  use  diligence  in  detecting  fraud  or  deceit,  anil  prosecute  the  person  guilty  of 
the  same. 

Sec.  6.  The  weigher  shall  test  the  accuracy  of  his  scales  monthly,  and  oftener 
if  he  has  cause  to  think  them  inaccurate.  He  shall  keep  them  in  good  order  and 
cause  them  to  be  repaired  when  needed  ;  but  no  expense  exceeding  five  dollars  shall 
be  incurred  without  the  consent  of  the  Mayor. 

Sec.  7.  No  person  shall  be  appointed,  or  be  competent  as  city  weigher,  who 
shall  directly  or  indirectly  follow  the  business  of  buying,  selling,  or  delivering  hay 
or  stone  coal. 

Sec.  8.  The  City  Clerk  shall  procure  the  necessary  book  and  printed  blank  cer¬ 
tificates  for  the  use  of  the  weigher,  and  shall  number  the  same,  and  deliver  them  to 
him,  taking  his  receipt  for  the  number  thereof,  and  charging  him  at  the  rate  of  ten 
cents  for  each  blank  certificate,  and  crediting  him  from  time  to  time  with  the  Trea¬ 
surer’s  receipts,  filed  by  him,  and  other  proper  credits. 


*The  hundred  weight  shall  consist  of  one  hundred  pounds — and  twenty  such  hun¬ 
dreds  shall  constitute  a  ton.  Rev.  Stat.,  1845,  Chap.  108,  Sec.  5. 

An  Act  to  amend  an  Act  concerning  Weights  and  Measures.  Approyed,  Feb¬ 
ruary  14,  1855.  Laws  of  1855,  Page  176. 

Be  it  enacted  by  the  people  of  the  State  of  Illinois,  represented  in  the  General  Assembly : 
That  whenever  any  of  the  following  articles  snail  be  contracted  for,  or  sold,  or  de¬ 
livered,  and  no  special  contract  or  agreement  shall  be  made  to  the  contrary,  the 
weight  per  bushel  shall  be  as  follows,  to  wit;  Shelled  corn,  fifty-six,  (06)  pounds ; 
corn  in  ear,  seventy  (70)  pounds  ;  wheat,  sixty  (60)  pounds  ;  rye,  fifty-six  (56) 
pounds;  oats,  thirty-two  (32)  pounds;  barley,  forty-eight  (48)  pounds  ;  Irish  po¬ 
tatoes,  sixty,  (60)  pounds  ;  sweet  potatoes,  fifty-five  (55)  pounds  ;  white  beans, 
sixty  (60)  pounds;  castor  beans,  forty-six  (46)  pounds;  clover  seed,  sixty  (60) 
pounds ;  timothy  seed,  forty-five  (45)  pounds ;  flax  seed,  fifty-9ix  (56)  pounds ; 
hemp  seed,  forty-four  (44)  pounds;  blue  grass  seed,  fourteen  (14)  pounds;  buck 
wheat,  fifty-twTo  (52)  pounds;  dried  peaches,  thirty-three  (33)  pounds;  dried  ap¬ 
ples,  twenty-four  (24)  pounds;  onions,  fiftjr-seven  (57)  pounds;  salt,  fifty  (50) 
pounds ;  stone  coal,  eighty  (80)  pounds ;  malt,  thirty-eight  (38)  pounds  ;  bran, 
twenty  (20)  pounds;  turnips,  fifty-five  (55)  pounds;  hair  for  plastering,  eight  (8) 
pounds ;  unslacked  lime,  eighty  (80)  pounds  ;  corn  meal,  forty-eight  (48)  pounds ; 
fine  salt,  fifty-five  (55)  pounds. 


ORDINANCES. 


Ifs 

The  Weigher  shall,  on  the  first  Monday  of  each  month,  report  to  the  City  Coun¬ 
cil  the  number  of  certificates  issued,  and  the  amount  received  for  weighing  during 
the  preceding  month  ;  and  he  shall  also  pay  such  amount  into  the  city  treasury. 

Sec.  9.  Any  City  Weigher  who  shall  knowingly  give  any  false  or  fraudulent 
certificate  of  the  weight  or  quality  of  any  load  or  parcel  weighed  by  him,  shall  be 
subject  to  a  penalty  of  not  less  than  ten  dollars,  and  may  be  removed  from  office. 

Passed,  July  26,  1859. 


CHAPTER  XXI. 

PAUPERS. 

An  Ordinance  in  relation  to  the  support  of  Paupers. 

Section  1.  All  inhabitants  of  the  city  of  Warsaw  who  have  not  the  means  for 
their  own  support,  and  who  are  unable,  on  account  of  physical  disability  or  acci¬ 
dent,  to  support  themselves,  and  who  have  no  relations  residing  in  the  county  of 
Hancock,  who  by  the  laws  of  the  State  are  bound  for  their  support,  are  hereby  de¬ 
clared  paupers,  and  as  such,  their  support  shall  be  a  proper  charge  upon  said  city. 

Sec.  2.  It  shall  be  the  duty  of  the  City  Marshal,  whenever  a  case  of  pauper¬ 
ism  shall  come  to  his  knowledge,  forthwith  to  visit  said  pauper  or  paupers,  and  re¬ 
port  the  circumstances  of  the  case  to  the  Mayor,  and  if  the  Mayor,  on  hearing  the 
Marshal’s  report,  shall  deem  the  subject  a  proper  one  for  relief  by  the  city,  the 
Marshal  shall,  under  the  direction  of  the  Mayor,  procure  for  such  pauper  or  pau¬ 
pers,  medical  or  other  attendance,  food,  clothing  or  shelter,  as  the  case  may  require  ; 
Provided,  that  in  case  the  Mayor  may  decide  adversely  to  any  application  for  re¬ 
lief,  on  hearing  the  report  of  the  Marshal,  an  appeal  may  be  taken  to  the  City 
Council,  by  petition  filed  with  the  City  Clerk,  prior  to  the  n^xt  meeting  thereof. 

Sec.  3.  It  shall  be  the  duty  of  the  City  Marshal,  to  keep  a  book,  to  be  called  a 
Pauper  Book,  in  which  he  shall  insert  the  name  of  every  pauper  obtaining  relief 
from  the  city,  a  list  of  the  necessaries  furnished  the  same,  from  whom,  and  the  date 
■whan  obtained,  and  the  price  to  be  paid  for  the  same,  which  said  book  he  shall  lay 
before  the  City  Council  at  every  regular  meeting  thereof,  or  if  called  for,  at  any 
special  meeting. 

Sec.  4.  The  City  Council  shall  not  allow  any  bill  for  attendance  on,  or  neces¬ 
saries,  or  shelter  furnished  for  any  pauper  or  paupers,  unless  the  same  shall  first 
have  been  ordered  by  the  City  Council,  Mayor,  or  the  Marshal,  under  his  direc¬ 
tion  ;  Provided ,  that  in  case  of  sudden  accident  or  illness,  when  the  Mayor  or  Mar¬ 
shal’s  order  could  not  be  first  obtained  without  danger  to  the  patient,  the  first  visit 

of  a  physician  may  be  allowed  without  showing  a  previous  order,  as  above  re¬ 
quired. 

Sec.  5.  Whenever  any  person  wrho  is  a  pauper,  shall  desire  to  leave  the  city, 
and  shall  be  unable  to  do  so  for  want  of  the  necessary  means,  the  Mayor  is  hereby 
authorized,  if  in  his  judgment  the  interest  of  the  city  wrould  be  promoted  thereby, 
to  draw  a  voucher  on  the  Treasurer,  in  amount  not  exceeding  twenty-five  dollars, 
for  the  porpose  of  procuring  the  removal  of  such  pauper  or  paupers  ;  Provided,  the 

Mayor  shall  report  every  such  voucher  drawn  under  provision  of  this  section,  to 
the  City  Council,  at  its  next  meeting. 


POLICE  DEPARTMENT. 


120 


Sec.  6.  Whenever  any  pauper  shall  be  able,  without  detriment  to  his  or  her 
health,  to  earn  a  partial  support,  the  City  Marshal  shall,  whenever  the  interest  of 
tne  city  requires,  furnish  said  pauper  with  employment,  upon  any  woik  necessary 
for  the  city  to  have  done ;  Provided ,  such  employment  cannot  be  obtained  from  other 
sources. 

Sec.  7.  It  shall  be  the  duty  of  the  City  Marshal,  from  time  to  time,  to  visit  the 
paupers  who  are  a  charge  upon  the  city,  and  whenever,  in  his  judgment,  any  pau¬ 
per  becomes  able  to  earn  a  livelihood  for  himself,  he  shall  report  the  same  to  the 
Mayor,  who  shall  order  such  pauper  to  be  discharged  from  the  pauper  list. 

Sec.  8.  The  Marshal  shall  receive  as  a  compensation  for  his  services  to  be  per¬ 
formed  under  this  ordinance,  a  salary,  to  be  paid  quarterly,  of  fifty  dollars  per 
annum. 

Passed,  April  18,  1859. 


CHAPTER  XXII. 

POLICE  DEPARTMENT. 

An  Ordinance  organizing  and  establishing  the  Police  Department. 

Section  1.  The  police  department  of  the  city  shall  consist  of  the  Mayor,  the  Al¬ 
dermen,  and  Police  Magistrates — who  shall,  ex-officio,  be  members  of  the  police 
department — the  City  Marshal  and  such  police  constables  and  watchmen  as  may 
be  appointed  by  the  City  Council. 

Sec.  2.  The  City  Council  may  annually,  at  the  time  of  appointing  the  other 
city  officers,  appoint  by  ballot  one  or  more  Police  Constables,  not  to  exceed  one  for 
each  ward,  who  shall,  unless  it  may  be  otherwise  specially  provided,  possess  the 
same  power,  perform  the  same  duties,  and  be  subject  to  the  same  liabilities  as  the 
City  Marshal. 

Sec.  3.  The  City  Council  may,  when  deemed  expedient,  appoint  by  ballot  a 
competent  number  of  watchmen  to  continue  in  office  during  the  pleasure  of  the 
City  Council,  and  to  be  subject  to  removal  at  any  time  by  the  Mayor,  for  good 
cause.  The  watchmen  shall  have  and  exercise  all  the  powers,  perform  all  the 
duties,  and  be  subject  to  all  the  liabilities  incident  to  the  office  by  law,  or  such  as 
may  be  prescribed  by  ordinance. 

Sec.  4.  Each  Police  Constable  or  Watchman  shall,  before  entering  upon  the 
discharge  of  the  duties  of  his  office,  take  and  subscribe  the  oath  required  by  the 
city  charter  of  other  city  officers,  and  may  be  required  by  the  City  Council  to  exe¬ 
cute  bond  to  the  city,  conditioned  as  in  the  case  of  other  city  officers,  and  in  such 
sum,  and  with  such  sureties  as  they  may  prescribe  by  order  or  resolution.  The 
bond  and  oath  of  office  shall  be  filed  in  the  office  of  the  City  Clerk.  Watchmen 
and  Police  Constables  shall  receive  such  salary  or  compensation  as  may  be  pro¬ 
vided  by  the  City  Council. 

Sec.  5.  The  Mayor  shall  exercise  a  general  supervision  and  control  over  the 
police  department,  and  shall  see  that  the  various  police  officers  are  prompt  and 
efficient  in  the  discharge  of  their  duties ;  and  he  shall  from  time  to  time  take  such 
measures  for  the  preservation  of  the  public  peace  and  good  order,  and  for  the 

9 


ORDINANCES. 


ISO 

prompt  and  efficient  execution  of  the  laws  of  the  State,  and  the  ordinances  of  the 
city,  as  may  be  deemed  most  expedient  and  best  to  accomplish  the  purpose  con¬ 
templated. 

Sec.  6.  The  City  Marshal  shall  be  the  Chief  of  Police,  and  all  police  con¬ 
stables  and  watchmen,  except  when  otherwise  provided  by  ordinance,  shall  be  sub* 
ject  to  his  direction  and  control. 

The  Marshal  and  each  police  constable  shall  have  an  office  or  station  in  some 
convenient  or  central  location,  where  he  shall  attend  at  all  reasonable  hours  ex¬ 
cept  when  absent  on  duty;  and  all  police  officers  shall  render  prompt  and  efficient 
aid  to  each  other  in  the  discharge  of  their  duties. 

Sec.  7;  All  members  of  the  police  department  shall  cause  all  the  ordinances  of 
the  city  to  be  observed  and  enforced,  especially  within  their  respective  wards  or 
districts.  When  any  violation  of  law,  or  of  any  ordinance,  shall  come  to  the 
knowledge  of  any  member  of  the  police  department,  or  be  reported  to  him,  he 
shall  without  delay  cause  the  proper  complaint  to  be  made  before  a  Police  Magis¬ 
trate  or  other  competent  court,  and  the  proper  witnesses  to  be  summoned  or  evi¬ 
dence  procured  for  the  successful  prosecution  of  the  offender.  The  Mayor  or  any 
\1  derm  an  or  Police  Magistrate  may,  and  all  other  police  officers  shall  arrest,  with 
or  without  process,  any  person  who  shall  be  found  in  the  act  of  violating  any  or¬ 
dinance  of  the  city,  and  commit  him  for  examination,  and  if  necessary  detain  him 
in  custody  over  night,  or  over  Sunday,  or  place  him  in  £he  city  prison,  or  other 
secure  place,  until  he  can  be  brought  before  a  Police  Magistrate,  or  other  com¬ 
petent  court.* 

Sec.  8.  Any  police  officer  shall  have  power  upon  reasonable  ground  of  suspi¬ 
cion,  to  enter  peaceably,  or  if  refused  or  resisted  after  demand  made,  by  force, 
any  house  or  other  premises  in  which  any  person  may  be  suspected  to  be  for  un¬ 
lawful  purposes,  and  may  arrest  without  process  any  person  who  may  be  found 
therein,  guilty  or  reasonably  supposed  to  be  guilty  of  any  criminal  act,  and  detain 
him  in  custody  as  in  other  cases  until  he  can  be  broight  before  a  competent  court 
or  Magistrate. 

Sec.  9.  Police  constables  shall  have  power  and  authority  to  serve  and  execute 
all  process  for  the  apprehension  or  commitment  of  all  persons  charged  with  the 
vio’ation  of  any  ordinance  of  the  city,  in  the  same  manner  and  with  the  same 
power  as  the  City  Marshal,  and  shall  be  entitled  to  receive  the  same  fees  as  are  re¬ 
ceived  by  him  in  similar  cases. 

Sec.  10.  The  City  Supervisor  shall  have  power  to  arrest  without  process  in  the 
same  manner  as  police  officers,  all  persons  who  may  be  found  violating  any  ordi¬ 
nance  in  relation  to  the  streets,  alleys,  or  side  walks. 

Sec.  11.  Whenever  the  Mayor  and  the  Committee  on  Police  shall  deem  it  nec- 


*  The  City  Marshal  of  the  city  of  Springfield  has  power  to  arrest  without  war¬ 
rant  any  offender  for  any  violation  of  any  penal  ordinance,  committed  in  his  pres¬ 
ence.  Bryan  vs.  Bates,  15  Ills.  Rep.  87.  Main  vs.  McCarty.  15  Ills.  Rep.  441. 

An  arrest  may  be  made  for  violating  a  city  ordinance  by  keeping  open  a  tippling 
house  on  the  Sabbath.  Main  vs.  McCarty,  15  Ills.  Rep.  441. 

An  arrest  for  the  breach  of  the  peace  need  not  be  made  immediately,  and  may¬ 
be  made  after  peace  is  restored  and  the  affray  over,  or  upon  the  information  of  an 
officer  who  was  present  witnessing  it,  after  the  affray  is  over.  Same  case. 

A  city  ordinal  ce  authorizing  an  arrest  without  warrant  for  breaches  of  the 
peace  or  threats  of  breaches  is  legal.  Same  case. 


POLICE  DEPARTMENT. 


131 


essary  to  establish  a  temporary  night  watch,  or  temporarily  to  increase  the  number 
of  watchmen  or  police  constables,  they  may  appoint  ill  writing  under  the  corporate 
seal  and  the  signature  of  the  Mayor,  a  suitable  number  of  reputable  and  discreet 
citizens  of  the  city  as  temporary  watchmen  or  policemen,  whose  powers,  duties, 
and  liabilities  shall  be  the  same  as  other  watchmen  and  police  constables,  and  who 
shall  take  and  subscribe  the  same  oath,  and  may  be  required  to  execute  bond  to 
the  city  in  like  manner.  The  Mayor  shall  report  all  such  temporary  appointments 
to  the  next  meeting  of  the  City  Council,  and  the  City  Council  may  continue  or 
discontinue  the  same  in  its  discretion ;  and  the  persons  so  appointed  shall  receive 
such  reasonable  compensation  as  may  be  agreed  upon,  or  as  may  be  provided  by 
the  City  Council. 

Sec.  12.  The  Mayor  may,  when  deemed  necessary,  detail  the  Marshal  or  any 
police  constable  or  watchman  for  the  discharge  of  any  special  police  duty,  and 
may  require  all  police  officers  to  perform  police  duty  at  any  time  of  the  day  or 
night. 

Sec.  13.  The  City  Marshal,  subject  to  the  approval  of  the  City  Council,  may 
make  and  establish  such  reasonable  rules  and  regulations  as  may  be  deemed  neces¬ 
sary  for  the  efficient  management  of  the  police  department,  and  he  shall  keep  such 
records,  books,  and  accounts  pertaining  to  the  duties  of  his  office,  and  in  such 
manner,  as  may  be  required  by  the  City  Council,  or  the  Police  or  Finance  Com¬ 
mittees. 

DIVISION  II. — POLICE  MAGISTRATES. 

Sec.  14.  All  suits  or  actions  for  the  recovery  of  any  fine,  penalty,  or  forfei¬ 
ture,  arising  under  the  city  charter  or  the  ordinances  of  the  city,  where  the  amount 
sued  for  or  in  controversy  does  not  exceed  one  hundred  dollars,  may  be  brought 
before  any  Police  Magistrate  of  the  city,  or  before  any  Justice  of  the  Peace  in  the 
city  designated  by  the  City  Council. 

Sec.  15.  Before  any  suit  shall  be  brought  in  the  name  of  the  city  by  any  Po¬ 
lice  Magistrate,  or  Justice  of  the  Peace,  for  any  fine  or  penalty,  the  City  Attorney 
or  other  officer  or  person  prosecuting,  shall  file  a  statement,  signed  by  him,  sub¬ 
stantially  as  follows,  to  wit : 

A.  B.  To  the  city  of  Warsaw  Ur.  to  - dollars,  for  breach  of  a  city 

ordinance,  entitled  - passed  the - day  of  - ,  A.  D.  185  ,  in  this,  to 

wit :  (here  describe  with  particularity  the  breach  in  the  language  of  the  ordinance,) 

between  the - day  of  - - ,  A.  U.  185  ,  and  the - day  of  - .  A.  B. 

185 — . 

Signed  fby  complainant] 

r  C.  JD.' 

Sec.  16.  Upon  affidavit  being  made  by  any  person,  of  the  violation  of  any  or¬ 
dinance  by  any  other  person,  stating  the  nature  of  the  violation,  and  that  the  offen¬ 
der  is  a  non-resident  of  the  city,  or  is  about  to  leave  or  remove  from  the  city,  or 
that  there  is  otherwise  danger  that  the  debt  or  penalty  will  be  lost  to  the  city, 
unless  the  offender  be  arrested  and  held  to  bail,  slating  the  cause  of  such  danger  to 
the  satisfaction  of  the  court — or  if  it  shall  appear  from  the  affidavit  that  the  offense 
committed  is  an  assault,  breach  of  the  peace,  or  other  offense  in  which  a  warrant 
is  authorized  to  be  issued  by  the  laws  of  the  State,  a  warrant  may  be  issued  for  the 
arrest  of  the  person  accused  as  in  other  cases. 

Sec.  17.  JNTo  process  shall  be  necessary  where  the  person  is  legally  arrested 
without  warrant  and  brought  before  the  court;  but  the  officer  making  the  arrest 


132 


ORDINANCES. 


shall,  unless  waived  by  the  person  arrested,  return  a  written  statement  of  the  cause, 
lime,  and  place  of  arrest,  and  a  note  thereof  shall  be.  entered  upon  the  docket  of 
the  court.  But  in  all  cases  the  statement  required  by  the  fifteenth  section  hereof, 
shall  be  made  out,  signed,  and  filed  as  is  therein  prescribed. 

Sec.  18.  Any  person  who  may  be  arrested  by,  or  in  the  custody  of  any  officer, 
for  the  violation  of  any  ordinance  of  the  city,  may  release  himself  from  custody 
or  imprisonment,  by  entering  into  bail  or  recognizance  before  such  officer,  or  be¬ 
fore  any  Police  Magistrate,  in  such  amount  or  with  such  surety  or  surities  as  may 
be  required  of  him,  and  conditioned  that  he  will  appear  before  the  Police  Magis¬ 
trate,  or  court  named  therein,  at  the  time  named  therein,  and  remain  and  answer 
the  offense  with  which  he  stands  charged,  and  await  his  trial  thereon,  and  not  de¬ 
part  the  court  without  leave.  The  amount  of  the  penalty  of  the  bond  or  recogni¬ 
zance  shall  be  proportioned  to  the  offense  charged,  and  such  bond  or  recognizance 
shall  be  fried  with  the  Magistrate  or  court  named  therein,  by  the  officer  taking  the 
same;  and  if  the  offender  shall  fail  to  appear,  or  shall  otherwise  fail  to  comply 
with  the  conditions  thereof,  the  same  shall  be  adjudged  forfeited,  and  suit  shall 
forthwith  be  brought  thereon  against  the  offender  and  his  surety  or  sureties,  for  the 
fall  amount  of  the  penalty  thereof,  and  judgment  shall  be  rendered  by  the  court  for 
the  same,  and  all  costs,  or  for  so  much  of  such  penalty  as  may  be  adjudged  just 
and  proper,  upon  examination  of  the  facts  of  the  case. 

Sec.  19.  All  officers  making  arrests  shall  attend  as  witnesses  before  the  police 
court,  and  shall  procure  all  necessary  evidence  in  their  power,  and  furnish  a  list  of 
all  witnesses  to  the  court  or  to  the  City  Attorney. 

Sec.  20.  Witnesses  and  jurors  attending  before  any  Magistrate,  in  any  suit  or 
action  for  any  fine  or  penalty  arising  under  the  ordinances  of  the  city,  shall  in.  case 
judgment  is  obtained  against  the  offender  and  collected  of  him,  be  entit  ed  to  the 
same  fees  as  in  like  cases  before  Justices  of  the  Peace.  But  no  costs  of  such  kind 
shall  be  taxed  against  or  collected  of  the  city. 

Sec.  21.  The  City  Attorney  shall  not  be  compelled  to  bring  or  prosecute  any 
suit  in  any  case  where  he  and  the  court  may  be  satisfied  that  the  complaint  is  in¬ 
stituted  maliciously,  or  vexatiously,  and  without  any  probable  cause,  and  that  the 
interests  of  the  public  or  of  the  city  will  not  be  subserved  thereby.  And  if  anv 
person  charged  with  any  offense,  shall,  upon  his  trial  thereof,  be  acquitted,  and  it 
shall  satisfactorily  appear  to  the  court  that  the  complaint  or  prosecution  was  in¬ 
stituted  maliciously,  or  vexatiously  and  without  any  probable  cause,  judgment  may 
be  rendered  against  the  complainant  or  prosecutor  for  the  costs  arising  in  the  case, 
and  execution  issued  for  the  collection  of  the  same. 

Sec.  22.  When  any  person  shall  be  committed  by  any  court  or  Magistrate,  for 
the  non-payment  of  any  fine  or  penalty,  the  Cily  Marshal  or  any  police  constable 
may  take  suen  person  from  the  city  prison  or  other  place  of  confinement,  and  de¬ 
liver  him  with  a  copy  of  the  execution,  and  with  the  amount  of  fine  and  costs,  into 
the  custody  of  the  City  Supervisor,  or  of  any  other  person  having  charge  of  any  of 
the  public  works  of  the  city.  And  the  Supervisor  or  such  other  person  shall  re¬ 
ceive  the  person  so  committed,  into  his  custody,  and  receipt  for  him  to  the  Marshal 
on  the  execution  held  by  him,  and  shall  enter  in  a  book  the  amount  of  the  fine  and 
costs,  and  the  number  of  days  which  the  person  will  be  required  to  labor  to  dis¬ 
charge  the  same,  at  the  rate  of  one  dollar  for  each  day  he  shall  diligently  labor  ; 
and  he  shall  compel  such  persons  to  labor  on  the  streets  and  alleys,  or  any  other 
public  works  of  the  city,  for  ten  hours  in  each  day,  and  shall  credit  him  with  one 


POLICE  DEPARTMENT. 


133 


dollar  for  each  day  he  shall  so  diligently  labor,  and  shall  discharge  him  'when  he 
shall  have  labored  out  his  fine  and  costs. 

Sec.  23.  Any  person  so  committed  who  shall  refuse  to  labor,  or  who  shall  con¬ 
duct  himself  in  a  riotous  or  disorderly  manner,  or  shall  refuse  to  obey  the  order  of 
the  Supervisor  or  other  person  having  him  in  charge,  or  shall  resist  him,  or  attempt 
to  escape,  shall  not  be  entitled  to  any  credit  on  his  fine,  and  may  be  re-committed 
to  the  city  prison  or  other  safe  place  of  confinement  until  he  shall  consent  to  labor. 
If  any  such  person  shall  escape  he  shall  forfeit  the  whole  of  his  labor  performed, 
and  if  retaken  shall  work  out  the  whole  amount  of  the  fine  and  costs  for  which  he 
was  originally  committed. 

Sec.  24.  Any  person  committed  may  at  any  time  pay  the  amount  of  the  execu¬ 
tion  and  costs,  and  upon  such  payment  being  made,  or  upon  his  working  out  the 
amount  of  the  fine  and  the  costs  against  him,  or  otherwise  being  entitled  to  his  dis¬ 
charge,  the  Marshal,  Supervisor,  or  other  officer  or  person  having  him  in  custody, 
shall,  if  required,  give  him  a  written  discharge  and  set  him  at  liberty. 

Sec.  25.  The  Supervisor  or  other  officer  or  person  having  any  person  so  com¬ 
mitted  into  his  custody  for  the  purpose  of  laboring  out  his  fine  and  the  costs — shall 
furnish  him  with  comfortable  lodging  and  plain  wholesome  food,  for  which  he  shall 
he  allowed  forty  cents,  per  day,  to  be  paid  by  the  person  so  committed ;  and  if  he 
shall  not  pay  the  same,  it  shall  be  paid  by  the  city  and  charged  to  him,  and  labored 
out  in  the  same  manner  as  his  fine  ;  or  he  may  commit  such  person  to  the  city  prison 
or  other  secure  place  for  safe  keeping,  when  not  laboring,  and  take  him  therefrom 
each  day  for  the  purpose  of  laboring. 

Sec.  26.  The  Supervisor,  the  Marshal,  or  other  officer  having  any  such  person 
in  custody,  shall,  from  time  to  time,  report  to  the  City  Council  the  names,  the 
amount  of  the  fine,  the  manner  of  discharging  the  same,  and  the  number  of  days’ 
labor  performed  ;  and  if  any  person  so  committed  shall  escape,  the  officer  or  person 
having  him  in  custody  shall  immediately  notify  the  Mayor  and  Marshal  thereof, 
giving  the  Marshal  a  description  of  such  person. 

Sec.  27.  The  City  Marshal  and  Police  Constables  shall  be  allowed  twenty-five 
per  cents  of  the  amount  of  all  fines  collected  by  them  in  cash,  and  paid  into  the  city 
treasury,  in  lieu  of  all  costs  against  the  city. 

Sec.  28.  Any  Magistrate  or  other  officer  collecting  fines  or  moneys  on  account 
of  the  city,  shall  pay  the  same  into  the  city  treasury  as  fast  as  collected.  Each 
Magistrate  before  whom  any  suits  may  be  brought  in  the  name  of  the  city,  for  the 
recovery  of  any  fines  or  penalties,  shall  quarterly,  on  the  first  Mondays  of  March, 
June,  September,  and  December  in  each  year,  report  to  the  City  Council  a  list  of 
all  suits  brought  in  the  name  of  the  city  since  his  last  report,  with  the  disposition 
made  of  each  case,  the  amount  of  the  fine  imposed,  if  any,  the  name  of  the  officer 
charged  with  the  collection  of  the  same,  by  whom,  and  the  amount  collected,  and 
the  amount  of  per  centage  due  to  such  officer;  also  the  amount  collected  since  his 
last  report,  upon  any  judgment  for  any  fine  rendered  prior  to  such  report,  with  the 
amount  of  the  per  centage  due  the  proper  officer  thereon;  and  upon  the  approval  of 
Ins  report,  the  City  Council  shall  order  the  amount  of  per  centage  to  be  paid  to  the 
officer  entitled  thereto. 

If  any  Magistrate  shall  neglect  or  refuse  to  hold  a  police  court  at  any  reasonable 
time  when  required,  or  shall  neglect  or  refuse  to  pay  over  any  moneys  collected  by 
him,  or  to  make  his  quarterly  report  as  is  herein  required,  the  City  Council  may  or¬ 
der  all  suits  in  the  name  of  the  city,  for  the  recovery  of  any  fine  or  penalty,  to  be 


134 


ORDINANCES. 


brought  before  some  other  Magistrate,  or  may  designate  one  or  more  Justices  of 
the  Peace  within  the  city  who  will  agree  to  comply  with  the  requirements  hereof, 
and  before  whom  all  suits  in  the  name  of  the  city  for  the  recovery  of  any  fine,  for¬ 
feiture  or  penalty  shall  be  brought. 

If  any  Magistrate  or  other  officer  shall  neglect  or  refuse  to  pay  over  any  fine,  or 
any  moneys  collected  by  him  on  account  of  the  city,  legal  proceedings  may  be 
commenced  at  any  time  to  compel  such  payment. 

Passed,  July  26,  1859. 


CHAPTER  XXIII. 

SALARIES,  &C. 

An  Ordinance  relating  to  the  Salaries ,  Fees ,  and  Bonds  of  City  Officers . 

Section  1.  The  Mayor  shall  receive  as  a  compensation  for  his  services,  a  sala¬ 
ry  of  three  hundred  dollars  per  annum ;  together  with  such  other  compensation  as 
may  be  provided  by  order  or  resolution  of  the  City  Council,  for  any  extraordinary 
services  required  of  him,  or  other  duty  than  such  as  properly  belongs  to  his  office  of 
Mayor. 

Sec.  2.  The  City  Clerk,  in  addition  to  the  fees  prescribed  in  the  Charter,  shall 
receive  as  a  compensation  for  his  services,  two  dollars  for  attending  and  keeping 
record  of  each  regular  or  special  meeting  of  said  Council  and  making  a  copy  there¬ 
of  for  publication,  and  said  fee  shall  be  paid  out  of  the  city  treasury.  For  other 
duties  the  following  fees,  to  wit :  for  entering  order  levying  a  special  tax  on  each 
lot  or  part  of  lot  twenty-five  cents  ;  for  advertising  in  the  case  of  a  special  tax  on 
each  lot  or  part  of  lot,  including  sale  thereof  in  case  of  sale,  twenty-five  cents  ; 
for  each  lot  or  part  of  lot  deeded,  including  acknowledgment  of  deed,  seventy-five 
cents;  said  fees  to  be  taxed  as  costs  on  said  lot  or  lots.  For  issuing  licences  fifty 
cents  each,  excepting  ferry  license  which  shall  be  one  dollar;  taking  a  bond,  one 
dollar ;  for  writing  each  official  bond  and  certificate  of  qualification,  fifty  cents ; 
all  of  which  said  fees  shall  be  assessed  to  and  paid  by  the  person  desiring  said  li¬ 
cense,  or  for  whom  said  bond  is  written.  He  shall  also  receive  such  other  fees  as 
the  City  Council  may  from  time  to  time  direct,  b)*-  ordinance  or  otherwise  ;  and  said 
Clerk  shall,  before  entering  upon  the  duties  of  his  office,  file  with  the  Mayor  a  bond 
in  the  sum  of  five  thousand  dollars. 

Sec.  3.  The  City  Treasurer  shall  receive  as  a  compensation  for  his  services, 
one  and  a  half  per  cent,  upon  moneys  actually  paid  into  the  city  treasury  and  paid 
out,  excepting  that  paid  over  by  a  predecessor  in  office  and  that  paid  out  to  a  suc¬ 
cessor  and  amounts  received  upon  official  bonds,  for  which  a  compensation  of  one 
half  of  one  per  cent,  shall  be  allowed  ;  and  said  fees  shall  be  deducted  at  the  time 
of  paying  out  said  moneys  when  paid  out,  and  when  paid  over  to  a  successor  in 
office,  at  the  time  of  such  payment  over ;  and  said  Treasurer  shall  file  with  the 
City  Clerk  a  bond  in  the  sum  of  forty  thousand  dollars. 

Sec.  4.  The  Treasurer  of  the  Board  of  Education,  shall  receive  as  a  compensa¬ 
tion  for  his  services,  two  per  cent,  on  all  moneys  by  him  received  and  paid  out  by 


salaries. 


135 


order  of  the  Board  of  Education,  and  one  per  cent,  on  all  moneys  received  from  a 
predecessor  or  paid  over  to  a  successor  in  office ;  and  said  Treasurer  shall  file  with 
the  City  Clerk  a  bond  in  the  sum  of  forty  thousand  dollars. 

Sec.  5.  The  City  Supervisor  of  streets  shall  receive  as  a  compensation  for  his 
services,  two  dollars  and  fifty  cents  per  day,  for  the  time  actually  employed  on  the 
streets  or  the  public  grounds  of  said  city  ;  and  said  Supervisor  shall  file  with  the 
City  Clerk  a  bond  in  the  sum  of  two  hundred  dollars.  ' 

Sec.  6.  The  City  Harbor  Master  shall  receive  as  a  compensation  for  his  services, 
ten  per  cent,  on  all  moneys  by  him  collected  a?  wharfage,  and  fifty  per  cent,  of  all 
tines,  forfeitures  and  penalties  by  him  collected  without  suit  therefor;  and  in  addi¬ 
tion  thereto,  ten  per  cent,  on  all  sales  made  by  virtue  of  the  ordinance  relating  to 
the  public  landing;  all  said  fees  to  be  deducted  at  the  time  of  paying  the  same  over 
fo  the  City  Treasurer;  and  said  Harbor  Master  shall  file  a  bond  with  the  City 
Clerk  in  the  sum  of  one  thousand  dollars. 

Sec.  7.  The  City  Fire  Wardens  shall  receive  as  a  compensation  for  his  services, 
one  dollar  and  fifty  cents  per  day  for  the  time  actually  employed,  as  the  City  Coun¬ 
cil  shall  from  time  to  time  direct,  by  order,  resolution  or  ordinance. 

Sec.  8.  The  City  Measurer  of  Lumber,  building  materials  and  mechanical 
work,  shall  receive  the  following  compensation  for  his  services,  to  wit:  for  the  in¬ 
spection  and  measurement  of  lumber,  twenty-five  cents  per  1000  feet;  for  the  in¬ 
spection  and  measurement  of  other  building  materials,  thirty  cents  for  one  hour  or 
less,  including  the  time  occupied  in  going  to  the  place  where  the  same  are  deposited, 
and  twenty  cents  for  each  succeeding  hour ;  one  half  of  said  fees  to  be  paid  by  each 
of  the  contracting  parties. 

Sec.  9.  The  City  Marshal  shall  receive  as  a  compensation  for  his  services, 
aside  from  his  fees  as  constable,  such  fees  as  are  provided  by  ordinance  for  the  ser¬ 
vices  required,  and  he  shall  file  a  bond  with  the  City  Clerk,  in  the  sum  of  five  hun¬ 
dred  dollars. 

Sec.  10.  The  City  Assessor  shall  receive  as  a  compensation  for  his  services  in 
assessing  the  property  cf  said  city,  the  sum  of  one  hundred  and  twenty-five  dollars. 

Sec.  11.  The  City  Weigher  shall  receive  as  a  compensation  for  his  services, 
one-half  of  the  fees  allowed  for  weighing;  and  said  Weigher  shall  file  a  bond  with 
the  City  Clerk  in  the  sum  of  one  hundred  dollars. 

Sec.  12.  The  salaries  of  all  officers,  not  otherwise  specially  provided  for,  shall 
be  paid  out  of  the  City  Treasury,  and  said  payments  shall  be  made  quarterly  per 
order  of  the  City  Council ;  and  in  no  case  shall  said  Council  grant  an  order  for  the 
full  payment  of  any  officer’s  salery,  if  such  officer  have  failed  to  perform  such  du¬ 
ties,  and  make  such  reports  a3  is  required  of  him  by  any  ordinance,  order  or  reso¬ 
lution  passed  by  said  Council,  except  such  officer  render  an  excuse  satisfactory  to 
two-thirds  of  said  Council. 

Sec.  13.  No  member  of  the  City  Council  shall  be  received  and  approved  as  se¬ 
curity  for  any  officer  appointed  by  the  City  Council ;  and  the  salary  of  no  officer 
shall  be  increased  or  lessened  during  the  term  for  which  he  was  appointed. 

Passed,  July  26,  1859. 


136 


ORDINANCES. 


CHAPTER  XXIV. 

SCHOOLS. 

An  Ordinance  relating  to  the  Public  Schools . 

Rules  and  Regulations  of  the  Board  of  Education  for  the  government  of  the 
Common  Schools  of  the  Ci,ty  of  Warsaw. 

The  special  provisions  in  regard  to  the  Board  of  Education,  the  manner  in  which 
they  shall  be  chosen,  their  terms  of  service,  and  their  powers  and  duties  are  con¬ 
tained  in  the  City  Charter,  Article  1,  pages  52  to  59  inclusive. 

Section  1.  The  regular  meetings  of  the  Board  of  Education  shall  be  on  the  last 
.Friday  of  each  month,  at  7  o’clock,  P.  M.,  at  the  office  of  the  City  Clerk.  Special 
meetings  may  be  called  by  the  President  or  by  any  two  members,  by  leaving  writ¬ 
ten  notice  with  the  Clerk,  whose  duty  it  shall  be  to  notify  the  members  of  the  Board, 
of  the  meeting. 

Sec.  2.  The  order  of  business  at  regular  meetings  shall  be  as  follows  : 

First — Reading  minutes. 

Second-*-  Communications. 

Third — Petitions. 

Fourth — Reports  of  Standing  Committees. 

Fifth — Reports  of  Special  Committees. 

Sixth — Reports  of  Officers  and  Treasurer. 

Seventh — Unfinished  business,  Motions,  Resolutions,  &c. 

Sec.  3.  The  rules  of  order  shall  be  those  usually  governing  deliberative  bodies. 

Sec.  4.  At  the  first  regular  meeting  of  the  Board,  in  April  of  each  year,  the 
Board  shall  appoint  of  their  number  three  committees,  as  follows  : 

First  Committee  of  Finance,  consisting  of  two  members. 

Second ,  Committee  of  Examination  of  Teachers  and  Schools,  consisting  of  the 
President  and  two  members. 

Third.  Committee  on  School  Grounds,  Buildings,  Furniture  and  apparatus,  con¬ 
sisting  of  two  members, 

A  vacancy  in  any  of  the  Committees  can  be  filled  at  any  regular  meeting  of  the 

Board. 

Sec.  5.  The  school  year  shall  commence  sixteen  weeks  before  the  25th  day  of 
December,  and  shall  consist  of  forty-two  weeks  of  five  days  each  week,  and  six 
hours  each  day  ;  the  daily  morning  sessions  beginning  at  9  o’clock,  A.  My  and  from 
the  first  of  November  to  the  first  of  February,  the  afternoon  session  commencing  at 
1  o’clock,  P.  M.;  and  during  the  remainder  of  the  year,  commencing  at  1§  o’clock, 
P.  M. 

Sec.  6.  The  school  year  shall  be  divided  into  three  terms,  to  be  called  the  Fall, 
the  Winter  and  the  Summer  terms. 

The  Fall  term  shall  consist  of  sixteen  weeks,  the  Winter  term  of  fourteen  weeks, 
and  the  Summer  term  of  twelve  weeks. 

There  shall  be  a  vacation  of  one  week  at  the  close  of  the  Fall  and  Winter  terms, 
and  a  vacation  of  eight  weeks  at  the  close  of  the  Summer  term. 

Sec.  7.  Holidays  shall  be  every  Saturday;  the  Thanksgiving ;  Christmas  to 
New  Year’s  day,  inclusive  ;  and  the  Fourth  of  July.  No  school  shall  be  dismissed 
on  any  other  day,  except  by  special  permission  of  the  Board. 

Sec.  8.  The  Board  of  Education  shall  fix  the  rate  of  tuition  for  the  High  School, 
Intermediate  School  and  Primary  School,  when  they  fmd^itjnecessary  to  charge 


SCHOOLS. 


137 


Tuition,  in  proportion  to  the  cost  of  conducting  each  department,  requiring  payment 
to  be  made  the  first  week  of  each  term;  and  they  shall  cause  said  rate  of  tuition  to 
be  published  in  the  city  newspapers  at  least  one  week  before  the  commencement  of 
each  term. 

Sec.  9.  The  duties  of  the  President  of  the  Board  shall  be,  to  visit  and  examine 
all  of  the  Public  Schools,  personally,  once  in  two  weeks  during  the  school  year  j 
he  shall  give  attention  to  the  organization  of  the  schools  and,  in  conjunction  with 
the  Principal  of  each  department,  see  that  each  pupil  is  placed  in  the  proper  grade, 
and  attend  the  examination  at  the  close  of  each  term.  He  shall  carefully  note  the 
modes  of  government  and  instruction  pursued,  and  the  adaptation  of  each  teacher 
for  the  place  he  or  she  occupies,  and  he  shall  keep  a  faithful  record  of  all  his  ex¬ 
aminations,  w7hich  shall  be  open  for  the  private  inspection  of  the  Board,  and  when¬ 
ever  he  doubts  the  qualifications,  efficiency  or  fitness  of  a  teacher,  he  shall  report 
the  same  to  the  Board.  He  shall  see  that  the  rules  and  regulations  of  this  Board  are 
uniformly  and  faithfully  observed  in  all  departments  of  the  schools,  that  registers 
are  kept  and  reports  are  made  by  the  Teachers,  with  neatness  care  and  uniformity. 
He  shall  advise  the  Teachers  on  the  best  methods  of  instruction  and  discipline,  and 
in  every  way  aid  and  stimulate  Teachers  in  the  performance  of  their  office  and  du¬ 
ties.  He  shall  attend  all  Teacher’s  meetings  and  be  president  of  the  same  ex-officio. 
He  shall  make  a  written  report  of  his  labors  for  the  year  preceding,  on  the  first  of 
April,  together  with  such  facts  and  suggestions  relating  to  the  condition  of  the 
schools,  and  the  increase  of  their  efficiency  and  usefulness,  as  he  may  deem  neces¬ 
sary  for  their  benefit. 

Sec.  10.  There  shall  be  a  recess  of  fifteen  minutes  for  every  pupil,  each  half  day 
including  the  time  occupied  in  going  out  and  coming  in,  which  shall  take  place  as 
nearly  as  may  be  at  the  expiration  of  one-half  of  each  school  session. 

Sec.  11.  There  shall  be  a  public  examination  of  the  Intermediate  and  High 
School,  at  the  close  of  the  Fall  and  Winter  terms,  and  the  Primary  Schools  at  the 
close  of  the  Summer  term.  The  examination  shall  be  conducted  by  the  Examining 
Committee,  and  in  such  a  manner  as  to  exhibit  the  true  standing  of  each  scholar  in 
the  several  schools. 

Sec.  12.  All  bills  presented  for  the  action  of  the  Board  shall  specify  items  for 
the  amount,  and  also  be  receipted  before  'an  order  can  be  drawn  upon  the  treasury. 

Sec.  13.  No  Teacher  shall  receive  an  order  on  the  treasury,  until  he  or  she  has  de¬ 
posited  a  schedule  or  record  of  scholars,  according  to  the  regulations  of  the  Board. 

Sec.  14.  The  Public  School  House  shall  not  be  occupied  or  used  for  any  other 
purpose  than  the  sessions  of  the  schools.  Teachers’  meetings,  the  holding  of  Teach¬ 
ers’  Institutes,  and  for  the  examination  of  the  schools  and  Teachers. 

Sec.  15.  No  Assistant  shall  be  employed  for  any  school  until  the  average  daily 
attendance  shall  exceed  forty  pupils. 

Sec.  16.  The  books  used  and  the  studies  pursued  in  all  the  Public  Schools,  shall 
be  such  and  such  only  as  are  or  may  be  authorized  by  the  Board,  and  the  Teachers 
shall  not  permit  any  books,  tracts,  or  other  publications  to  be  distributed  in  their 
schools. 

Sec.  17.  No  pupil  shall  be  allowed  to  retain  their  connection  with  any  of  the 
Public  Schools,  unless  they  are  furnished  with  the  books  and  utensil's  regularly  re¬ 
quired  to  be  used  in  the  respective  classes. 


138 


OR0INAKCES. 


Sec.  18.  In  cases  where  children  are  in  danger  of  being  deprived  of  the  advan¬ 
tages  of  education;  by  reason  of  inability ,  through  the  poverty  of  parents  or  guar¬ 
dians,  (he  President  of  the  Board  is  authorized  to  provide  books  at  the  expense  of 
the  city. 

Sec.  J9.  No  child  under  five  years  of  age  shall  be  admitted  into  the  Public 
Schools,  nor  shall  any  scholar  be  transferred  from  one  school  to  another  without 
the  permission  of  the  President  of  the  Board. 

COURSE  OF  STUDY  AND  TEXT  BOOKS  USED  IN  THE  WARSAW 

PUBLIC  SCHOOLS. 

The  Public  Schools  are  divided  into  three  departments,  called  the  Primary,  In¬ 
termediate,  and  High  School.  The  Primary  and  Intermediate  Schools  are  each  di¬ 
vided  into  three  grades,  to  be  designated  by  the  letters  A,  B  and  C ;  and  the  High 
School  is  divided  into  four  grades,  to  be  designated  by  the  letters  A,  B,  C  and  D. 

No  pupil  is  admitted  to  advance  to  a  higher  grade  until  he  or  she  is  proficient  in 
all  the  studies  of  the  lower  grades. 

PRIMARY  SCHOOL. 

Grade  C . — Elements  of  Reading,  embracing  the  Alphabet,  Spelling,  Vocal  Cul¬ 
ture,  Counting  and  Singing. 

Books.  —Me Guffey’s  new  First  Reader,  Slates  and  Cards.  The  cards  to  be  pro¬ 
vided  by  the  Board. 

Grade  B. — Reading,  Spelling,  Vocal  Culture,  Writing  on  Slates,  Singing,  Ele¬ 
mentary  sounds  of  the  Language,  Arithmetic,  (oral)  Object  lessons. 

Books. — McGuffey’s  Second  Reader,  Slates,  Cards  and  Primary  Arithmetic. 

Grade  A. — Reading,  Spelling  and  Defining,  Vocal  Culture,  Mental  Arithmetic, 
Primary  Geography,  Singing,  Lessons  in  the  use  of  the  English  Language  and 
writing  on  Slates. 

Books. — McGuffey’s  new  Third  Reader,  McGuffey’s  Speller,  Colburn’s  Mental 
Arithmetic,  Monteith’s  Primary  Geography  and  Slates. 

Conditions  of  transfer  to  the  Intermediate  Schools.  To  pass  to  Grade  C  of  the 
Intermediate  Schools,  pupils  must  be  able  to  read  fluently  any  lessons  from  the 
Third  Reader,  spell  orally  or  by  their  elementary  sounds,  any  words  selected  from 
the  spelling  tables  of  the  Third  Reader,  enunciate  accurately  all  the  elementary 
sounds  of  the  language ;  repeat  correctly  and  readily,  the  Multiplication  and  Divis¬ 
ion  tables  promiscuously  arranged  to  write  and  enumerate  any  number  as  high  as 
100,000,  name  the  Roman  numerals  and  abreviations,  name  the  different  States, 
with  their  capitols,  principal  rivers  and  mountains,  and  sustain  an  examination  in 
Colburn’s  mental  Arithmetic  as  far  as  the  sixth  section. 

INTERMEDIATE  SCHOOLS. 

Grade  C. — Reading,  Spelling  and  Defining,  Analysis  of  Words,  Declamation, 
Mental  Arithmetic,  History  of  the  United  States,  Geography. 

Books. — McGuffey’s  Fourth  Reader,  Colburn’s  Mental  Arithmetic,  Monteith’s 
History  of  the  United  States,  Monteith’s  Manual  of  Geography. 

Grade  B. — Reading,  Spelling  and  Defining,  Analyis  of  Words,  Declamation, 
Written  Arithmetic,  Penmanship,  English  Grammar  and  Composition. 

Books. — McGuffey’s  Fifth  Reader  and  Speller,  Eaton’s  Arithmetic,  Green’s  pri¬ 
mary  Grammar,  Payson’s  and  Dunton’s  Writing  Books  No.  1,  2,  and  3. 

Grade  A. — Written  Arithmetic,  Geography,  English  Grammar,  Reading.  Spell¬ 
ing,  Penmanship,  Composition  and  Declamation. 


SCHOOLS. 


130 


Reading  including  Spelling,  Mental  Arithmetic  reviewed;  Geography  reviewed,. 
History  reviewed. 

Books. — Eaton’s  Arithmetic,  McNally’s  quarto  Geography,  Green’s  primary 
Grammar,  McGufFey’s  Fifth  Reader,  Payson’s  and  Dunton’s  No.  4,  5  and  6  Copy 
Books. 

Conditions  of  transfer  to  the  High  School. — To  pass  to  Grade  D  of  the  High 
School,  pupils  must  be  able  to  read  fluently  and  intelligently  any  lesson  of  McGufFey’s 
Fifth  Reader ;  give  rules  for  emphasis  and  inflection  ;  pass  an  examination  in  Green’s 
primary  Grammar,  Colburn’s  mental  Arithmetic,  Montieth’s  History,  Eaton’s 
Arithmetic  to  Interest,  and  be  able  to  write  a  legible  hand. 

HIGH  SCHOOL. 

Grade  D. — Reading,  Spelling  by  Writing,  Declamation,  Composition,  English 
Grammar,  History,  Written  Arithmetic,  Penmanship,  Analysis  of  Language,  Phy¬ 
sical  Geography. 

Latin,  German  and  French,  if  desired  by  parents  and  Guardians. 

Books. — McGufFey’s  new  Sixth  Reader,  Parker’s  Aid  to  Composition,  Green’s 
English  Grammar,  Eaton’s  Arithmetic,  Payson’s  and  Dunton’s  No.  6,  7  and  8 
Copy  Books,  Anthon’s  Latin  Lessons,  Wilson’s  History  of  the  United  States,  War¬ 
ren’s  Physical  Geography. 

Grade  C. — Written  Arithmetic  reviewed,  Algebra,  Exercises  in  parsing,  Physi¬ 
ology,  Reading,  Composition,  Declamation. 

Latin  Reader  and  Caesar’s  Greek  lessons,  German  Reader  (optional.) 

Books. — Eaton’s  or  Greenleaf’  National  Arithmetic,  Milton,  Young  and  Pollock, 
used  in  parsing ;  McGufFey’s  new  High  School  Reader,  Davies’  First  Lessons  in 
Algebra,  Cutter’s  Physiology,  Andrews  &  Stoddard’s  Latin  Grammar,  Andrews’ 
Latin  Reader,  Andrews’  Freund’s  Latin  Lexicon,  Anthon’s  Greek  Lessons. 

Grade  B. — Algebra,  Philosophy,  Astronomy,  Composition,  Declamation,  Bot¬ 
any,  (optional.) 

Latin,  Virgil  and  Cicero’s  Orations.  Greek,  Anabasis. 

Books. — Robinson’s  University  Algebra,  Well’s  Philosophy,  Burrett’s  Geography 
of  the  Heavens,  McIntyre’s  Astronomy,  Well’s  Botany,  Crosby’s  Greek  Grammar, 
Liddell  &  Scott’s  Greek  Lexicon. 

Grade  A. — Geomefy  and  Trigenometry,  Chemistry,  Intellectual  Philosophy, 
Surveying  and  Anatytical  Geometry,  Logic,  Rhetoric  and  Geology. 

Books. — Loomis’  Geometry,  Trigonometry  and  Surveying,  Youman’s  Chemistry, 
Winslow’s  Intellectual  Phylosophy,  Waland’s  Moral  Science,  Hedge’s  Logic, 
Karnes’  element  of  Criticism. 

Pupils  completing  the  course  of  study,  shall  receive  a  Diploma. 

Sec.  20.  All  Teachers  employed  in  the  Public  Schools  shall  have  received  from 
the  Committee  on  Examination,  a  certificate  of  qualifications  before  entering  upon 
his  or  her  duties,  and  shall  have  executed  a  contract  of  the  following  form  : 

Agreement  between  the  Board  of  Education  of  the  City  of  Warsaw  and - , 

Witnesseth  :  that  said - ,  in  consideration  of  the  payment  to - herein  agreed 

to  be  made  by  said  Board,  hereby  agrees  to  teach  in  the - Public  School,  and 

fully  to  comply  with  the  regulations  and  requirements  of  said  Board,  for  the  term  of 

- months,  of  four  weeks  each  month,  and  five  days  each  week,  at  the  rate  of 

- dollars  per  month.  The  said  Board  of  Education  agree  that  for  said  servi- 


540 


ORDINANCES. 

ces  they  will  allow  and  pay  to  the  said - the  above  sum  in  Orders  on  the  Treas¬ 

urer  of  the  School  Fund,  at  the  expiration  of  each  term  of  said  school,  subject  to 
the  provisions  of  section  14th,  of  the  11th  article  of  the  City  Charter. 

- - - -  Teacher. 

- Board  of  Education. 

Sec.  21.  All  Teachers  in  the  Public  Schools  of  Warsaw,  are  require  l  to  make 
themselves  familiar  with  the  regulations  of  the  Board  of  Education,  and  especially 
with  the  portion  that  relates  to  their  own  duties  and  to  the  instruction  and  dicipline 
of  their  respective  schools,  and  see  that  the  same  are  faithfully  observed. 

Sec.  22.  The  Instructors  shall  punctually  observe  the  time  appointed  for  open¬ 
ing  and  dismissing  the  schools,  and  during  school  hours  they  shall  faithfully  devote 
themselves  to  their  public  service.  In  all  their  intercourse  with  their  pupils,  they 
shall  strive  to  impress  on  their  minds,  both  by  precept  and  example,  the  great  im¬ 
portance  of  continued  efforts  for  improvement  in  morals,  in  manners  and  deport¬ 
ment  as  well  as  in  useful  learning. 

Sec.  23.  All  Teachers  are  required  to  be  present  at  their  respective  rooms  fif¬ 
teen  minutes  before  the  opening  of  the  school  in  the  morning,  and  ten  minutes  be¬ 
fore  the  opening  in  the  afternoon. 

Sec.  24.  The  Principal  of  each  school  shall  keep  a  register  in  which  shall  be 
recorded  the  names,  date  of  admission,  daily  attendance,  tardiness  and  absence  of 
each  pupil ;  and  every  Teacher  shall  keep  a  register  which  shall  designate  the 
studies  pursued ;  also,  such  other  record  of  the  progress,  standing  and  conduct  of 
pupils,  that  shall  indicate  the  true  position  of  each  scholar  in  his  or  her  school. 

Sec.  25.  It  shall  be  the  duty  of  all  the  Teachers  of  the  Public  Schools,  to  meet 
on  the  second  Saturday  of  each  month,  or  at  such  times  as  the  President  may  direct, 
at  the  Public  School  Building,  for  the  purpose  of  discussing  methods  of  teaching 
and  exercises  in  the  branches  taught  in  their  respective  schools,  with  a  view  of  ac¬ 
complishing  better  and  more  uniform  methods  of  instruction,  and  in  hearing  reports 
and  essays  on  educational  topics.  They  shall  appoint  a  Secretary  at  the  first  meet¬ 
ing  after  commencement  of  each  term,  who  shall  keep  a  record  of  their  proceed¬ 
ings  for  the  inspection  of  the  Board,  fiach  and  every  teacher  neglecting  to  com¬ 
ply  with  this  regulation  without  a  reasonable  excuse,  to  be  determined  by  the 
Board  of  Education,  shall  forfeit  out  of  their  salary,  the  sum  of  one  dollar  for  each 
time  they  shall  be  absent. 

Sec.  26.  Teachers  shall  endeavor,  So  far  as  practicable,  to  adopt  the  same  gene¬ 
ral  methods  of  instruction  agreed  upon  as  the  resuLt  of  mutual  conference  at  their 
meetings,  so  that  pupils  or  classes  passing  from  one  grade  to  another,  will  not  be 
subjected  to  a  different  method  while  pursuing  the  same  branch  of  study. 

Sec.  27.  It  shall  be  the  duty  of  all  Instructors  to  give  vigilant  attention  to  the 
ventilation  and  temperature  of  their  schoolrooms.  A  regular  system  of  ventilation 
shall  be  practiced  as  well  in  winter  as  in  the  summer,  by  which  the  air  in  the  rooms 
shall  be  effectually  changed  at  each  recess,  and  at  the  end  of  each  school  session, 
before  the  house  shall  be  closed. 

Sec.  28.  The  Instructors  shall  not  award  medals  or  other  prizes  to  pupils  und  er 
their  charge. 

Sec.  29.  All  Teachers  in  the  Public  Schools  may  be  re-examined  whenever  the 
Board  requires  it. 

Sec.  30.  No  child  who  comes  to  school,  without  proper  attention  having  been 
given  to  the  cleanliness  of  his  person  and  dress,  or  whose  clothes  are  not  properly 


CITY  SEAL. 


141 


repaired,  shall  be  permitted  to  remain  in  school,  but  shall  be  sent  home  to  be  pre¬ 
pared  for  school  in  a  proper  manner. 

Sec.  31.  Any  pupil  who  shall  in  any  way  cut,  or  otherwise  injure  any  part  of 
any  Public  School  House  or  School  Furniture,  or  shall  injure  any  fence,  tree, 
shrubbery  or  outbuildings  belonging  to  any  of  the  Public  School  grounds,  or  shall 
write  any  profane  or  obscene  language  on  any  of  the  Public  School  premises,  shall 
be  liable  to  suspension,  expulsion,  or  other  punishment,  and  he  shall  not  be  allow¬ 
ed  to  remain  in  the  schools  until  full  reparation  has  been  made,  for  the  damage 
done  to  the  premises. 

Sec.  32.  The  Rules  and  Regulations  of  the  Board  may  be  changed  or  amended 
by  resolution  adopted  at  any  regular  meeting,  upon  notice  being  given  at  a  previous 
meeting. 

Passed,  July  26,  1869. 


CHAPTER  XXV. 

SEAL. 

An  Ordinance  in  relation  to  the  City  SeaU 
Section  1.  The  Seal  of  the  City  of  Warsaw  shall  be  in  a  circular  shape,  one 
and  seven-eighths  inches  in  diameter,  with  the  words  u  SEAL  OF  THE  CITY 
OF  WARSAW,  ILLINOIS,”  on  the  outer  verge, — the  word  “Illinois”  being  on 
the  bottom  of  the  Seal,  with  a  raised  star  before  and  following  it, — -this  inscription 
inclosed  by  a  raised  dotted  border  forming  a  ring — the  center  of  the  Seal  having  the 
representation  of  a  steamboat  in  the  water. 

Passed,  July  26,  1859. 


FERRY. 

An  Ordinance  concerning  the  Warsaw  and  Alexand,ia  Ferry. 

Be  it  Ordained  by  the  City  Council  of  the  City  of  Warsaw,  that  Wm.  English 
or  his  assigns  be  required  to  pay  to  the  City  of  Warsaw  the  sum  of  forty  dollars 
per  annum  from  the  first  day  of  May  next,  as  a  License  for  the  privilege  of  run¬ 
ning  his  Ferry  from  Warsaw  to  Alexandria  in  Missouri,  and  upon  payment  of  the 
same  in  advance,  into  the  treasury,  the  Clerk  shall  issue  a  License  for  the  same. 

Passed,  February  2nd,  1850. 

W.  H.  Tayloh,  Clerk. 


W.  C.  WAGLEY,  Mayor. 


ORDINANCES. 


U2 

CHAPTER  XXVI. 

SIDEWALKS. 

An  Ordinance  in  relation  to  Sidewalks. 

Section  1.  All  sidewalks  shall  be  built  of  good  hard  paving  brick  laid  in 
u  herring  bone JJ  manner,  upon  a  bedding  of  sand  not  less  than  four  inches  in  depthy 
or  with  good  stone  flagging  dressed  to  an  even  edge  and  closely  laid  together,  and 
evenly  dressed  upon  the  upper  surface,  and  well  embedded  in  sand,  or  with  good 
sound  white  or  bur- oak  or  pine  plank,  not  less  than  two  inches  in  thickness,  laid 
crosswise  with  the  sidewalk,  (unless  otherwise  specially  directed  in  the  order,)  and 
firmly  set  upon  and  well  spiked  to  suitable  bearings  or  stringers  of  not  less  than 
three  by  four  inch  white  or  bur-oak  scantling,  so  let  into  the  earth  or  filled  in  be¬ 
tween  as  to  form  an  even  grade ;  and  all  sidewalks  shall  be  laid  with  a  slope  to¬ 
ward  the  curb  of  one  third  of  an  inch  to  the  foot.  When  built  to  the  full  width,  a 
good  and  substantial  stone  curbing  let  into  the  earth  at  least  twelve  inches  below 
the  grade  of  the  gutter,  or  a  curbing  of  good  three  inch  white  or  bur-oak  plank, 
well  tied  and  spiked  to  substantial  posts  placed  on  the  inside  thereof,  shall  be  laid 
on  the  outside  of  the  sidewalk.  Suitable  wagon  crossings  of  at  least  seven  feet  in 
width,  and  extending  across  the  sidewalk,  shall  be  constructed  when  necessary. 

Sec.  2.  The  City  Supervisor  shall  superintend  the  construction  of  all  side¬ 
walks,  and  shall  require  them  to  be  built  of  the  materials  and  in  the  manner  herein 
prescribed ;  and  if  any  sidewalk  shall  not  be  so  constructed  and  laid,  he  may  re¬ 
quire  that  it  be  properly  relaid  in  compliance  herewith  ;  and  if  the  person  whose 
duty  it  is  to  do  the  same  shall  neglect  or  refuse  to  comply  with  his  order,  he  may 
cause  such  sidewalk  to  be  properly  relaid  without  delay,  and  shall  report  the  costs 
thereof  to  the  City  Council  for  allowance,  and  assessment  and  collect  as  in  other 
cases;  or  he  may  report  such  sidewalk  to  the  City  Council  in  the  same  manner  as 
if  it  had  not  been  laid. 

Sec.  3.  The  City  Council  may,  by  the  passage  of  an  order  to  be  entered  upon 
the  journals  by  the  City  Clerk,  require  the  sidewalks  in  front  of  or  adjoining  any 
premises  (describing  the  same,)  along  any  street  or  part  of  street,  to  be  laid,  relaid 
or  widened,  to  such  width,  and  with  such  materials,  and  within  such  time,  as  may 
be  designated  in  the  order.  Unless  a  different  width  shall  be  specified  in  the  order, 
they  shall  be  laid  to  the  full  width.  The  order  may  be  substantially  as  follows,  to 
wit : 

<(  Ordered  that  a  (brick  or  plank,  as  the  case  may  be)  sidewalk,  (or  sidewalks) 

- -  feet  wide,  be,  by  the - day  of  - next  (or  instant,)  constructed 

and  laid  in  conformity  with  the  ordinance  in  relation  to  sidewalks,  to  (the  estab¬ 
lished  or  temporary)  grade,  on  the  - - side  of - street,  in  front  of  (or  ad¬ 

joining)  the  following  described  premises,  to  wit :  ” 

Sec.  4.  The  City  Clerk  shall,  without  delay,  after  the  passage  of  any  order  for 
sidewalks,  give  notice  thereof  by  publishing  for  three  days  at  least,  an  advertise¬ 
ment  in  any  newspaper  published  in  the  city,  stating  in  such  advertisement 
the  side  of  the  street  on  which,  and  describing* the  premises  in  front  of  or 
adjoining  which  such  sidewalks  are  required  to  be  laid,  the  day  on  or  before  which 


SIDEWALKS. 


148 

they  are  to  be  built,  and  the  width,  when  less  than  the  full  width,  and  materials 
thereof.  The  notice  may  be  substantially  as  follows,  to  wit : 

(t  SIDEWALK  NOTICE. 

City  Clerk’s  Office,  > 

Warsaw, - 18 —  \ 

Notice  is  hereby  given  that  the  City  Council  of  the  city  of  Warsaw  has  ordered 

a  (brick  or  plank  as  the  case  may  be)  sidewalk,  (or  sidewalks) - feet  wide 

to  be  constructed  and  laid  to  (the  established  or  temporary)  grade,  on  the  - - 

side  of  - - street,  by  the - day  of  - next,  (or  instant,)  in  front  of  or 

adjoining  the  following  desciibed  premises,  to  wit : 

u  Now,  unless  the  same  shall  be  built  within  the  time  and  in  the  manner  above 
mentioned,  and  as  required  by  the  ordinance  in  relation  to  sidewalks,  the  City  Su¬ 
pervisor  will  cause  such  sidewalks  to  be  built,  and  the  costs  and  expenses  thereof 
will  be  assessed  against  the  persons  or  premises  chargeable  therewith. 

- ,  City  Clerk.” 

If  other  sidewalks  have  been  ordered  they  may  also  be  embraced  in  the  same 
notice. 

Sec.  5.  The  City  Clerk,  shall  also,  without  delay,  after  the  passage  of  any  or¬ 
der  for  sidewalks,  cause  a  copy  thereof  to  be  delivered  to  the  City  Supervisor,  who, 
upon  receipt  of  the  same,  shall,  without  delay,  notify  any  known  owner  of  each 
separate  lot  or  premises,  or  his  agent,  or  any  other  person  whose  duty  it  is  by  any 
lease,  contract,  or  otherwise,  to  build  such  sidewalk;  or  if  no  owner  or  his  agent 
or  other  person  liable  therefor,  can  be  found  in  the  city,  any  occupant  of  the 
premises,  by  delivering  to  him,  (or  each  of  them  in  his  discretion,)  or  leaving  at 
his  usual  abode  or  place  of  business,  with  some  clerk,  partner,  or  member  of  the 
house  or  household,  above  the  age  of  ten  years,  a  notice  describing  the  premises  in 
front  of  or  adjoining  which  the  sidewalk  is  ordered,  and  stating  the  grade,  width, 
and  materials  thereof,  and  the  day  by  which  it  is  required  to  be  laid ;  and  if  he 
shall  neglect  to  notify  any  known  owner,  or  his  agent,  or  occupant  or  other  person 
whose  duty  it  is  to  build  such  sidewalk,  as  is  herein  required,  he  shall  be  subject  to 
a  penalty  of  five  dollars  in  each  case.  The  notice  may  be  written  or  printed  or 
partly  both,  and  may  be  substantially  as  follows,  to  wit: 

<c  City  Supervisor’s  Office,  ) 

Warsaw, - ,  18 —  $ 

«To  Mr.  - , 

“  You  are  hereby  notified,  that  the  City  Council  of  the  city  of  Warsaw  has  or¬ 
dered  a  (brick  or  plank)  sidewalk,  — —  feet  in  width,  to  be  laid  to  (the  establish¬ 
ed  or  temporary)  grade,  along  the  front  (or - side)  of  lot  No. - 

block  No. - ,  (of  the  original  town  or  of  any  addition  thereto  as  the  case 

may  be,)  in  conformity  with  the  ordinance  in  relation  to  sidewalks. 

“Now,  unless  such  sidewalk  shall  be  constructed  and  laid  in  the  manner  required 

by  ordinance,  by  the - day  of  - next  (or  instant,)  (the  day  to  be  thirty  days 

at  least  from  the  delivery  of  the  note,)  the  undersigned  will  cause  the  same  to  be 
constructed  and  laid,  and  will  report  the  costs  and  expenses  thereof  to  the  City 
Council  for  allowance  and  assessment  against  the  persons  or  premises  chargeable 
therewith. 


•,  City  Supervisor.  ” 


144 


ORDINANCES 


Sec.  6.  If  the  owner  of  any  lot  or  premises,  or  his  agent,  or  any  person  whose 
duty  it  is  to  build  such  sidewalk,  is  not  a  resident  of  the  city,  the  Supervisor  shall 
send  such  notice  to  him  by  mail,  direct  to  him  at  the  post  office  at  which  he  usually 
receives  his  letters,  if  known  ;  but  the  notice  published  by  the  City  Clerk  in  the 
newspaper,  as  provided  by  section  fourth  of  this  ordinance,  shall  be  deemed  a  suffi¬ 
cient  notice  to  all  persons  whether  resident  or  non-resident. 

Sec.  7.  All  sidewalks  shall  be  built  by  the  owner  of  tire  adjoining  premises,  or 
by  any  other  person  who  may  be  liable  to  build  the  same  by  any  contract  or  agree¬ 
ment  with  the  owner  or  otherwise,  within  the  time  specified  by  the  order  of  the 
City  Council ;  or  if  no  time  be  specified  in  the  order,  within  thirty  days  after  the 
giving  of  notice  by  the  Supervisor  as  is  herein  required ;  but  if  no  owner  or  other 
person  liable  therefor  can  be  found  by  the  Supervisor,  they  shall  be  built  within  the 
time  specified  in  the  notice  published  by  the  City  Clerk  in  the  newspaper  as  here¬ 
inbefore  provided,  which  time  shall  be  at  least  Jthirty  days  after  the  last  publication 
thereof. 

Sec.  8.  If  at  the  expiration  of  the  time  of  notice,  any  sidewalk  shall  not  be 
built,  the  City  Supervisor  shall,  without  delay,  report  the  same  to  the  City  Council 
in  writing;  or  if  any  sidewalk  which  may  be  laid,  shall  not  be  constructed  and  laid 
in  compliance  herewith  to  his  satisfaction,  he  may  report  the  same  iu  like  manner. 
His  report  shall  contain  a  list  and  description  of  each  delinquent  lot  or  premises, 
and  shall  state  opposite  thereto  the  name  of  each  owner  or  his  agent,  or  the  occu¬ 
pant,  or  other  person  liable,  upon  whom  he  has  served  notice,  and  the  date  and  man¬ 
ner  of  service.  If  any  owner  is  unknown  and  cannot  be  found,  he  shall  state  owner 

unknown”  or  <c  cannot  be  found”  as  the  case  may  be.  He  shall  obtain  and  file 
with  his  report,  a  copy  of  the  sidewalk  notice  published  by  the  City  Clerk,  with 
the  proper  certificate  of  the  printer  of  its  due  publication  attached;  and  his  report 
shall  not  be  received  or  approved  by  the  City  Council  unless  made  as  is  herein  re¬ 
quired. 

Sec.  9.  The  City  Council  may  at  any  time  after  the  approval  of  the  report  of 
the  Supervisor,  pass  an  order  requiring  him,  without  delay,  to  cause  the  sidewalks 
to  be  constructed  in  front  of  or  adjoining  the  premises  mentioned  in  his  report,  and- 
to  report  the  costs  and  expenses  thereof  for  assessment  against  the  premises  charge¬ 
able  therewith.  The  order  may  be  substantially  as  follows,  to  wit: 

£<  Whereas  the  sidewalks  fronting  or  adjoining  the  following  described  lots  and 
premises,  to  writ : 


Name  of  owner. 

DESCRIPTION. 

Lot. 

Block. 

Addition. 

Have  not  been  constructed  and  laid  in  pursuance  of  an  order  passed - ,  18 — 

after  due  notice  to  the  owners  thereof  (or  their  agents  or  the  occupants  of  the  prem¬ 
ises  or  other  persons  liable  therefor,  (as  appears  from  the  return  of  the  City  Super¬ 
visor  ;  it  is  therefore  ordered  by  the  City  Council,  that  the  City  Supervisor  cause 
the  same  to  he  constructed  and  laid  forthwith  in  conformity  With  the  original  order. 


SIDEWALKS. 


145 


and  report  the  costs  and  expenses  thereof  for  allowance  and  assessment  against  the 
premises  or  persons  chargeable  therewith.” 

Sec.  10.  The  Supervisor  shall  keep  an  accurate  account  of  the  cost  of  each 
sidewalk  built  in  front  of  or  adjoining  each  separate  lot  or  premises  under  his  su¬ 
pervision  by  order  of  the  City  Council,  and  he  shall,  as  soon  as  the  same  may  be 
completed,  report  such  costs  to  the  City  Council,  with  the  description  of  the  lot 
or  premises,  and  the  name  of  the  owner  thereof,  if  known.  His  report  may  be 
substantially  as  follows,  to  wit : 

Warsaw,  - ,  185 — . 

To  the  City  Council  of  the  City  of  Warsaw  : 

In  compliance  with  an  order  of  the  City  Council,  passed —  185 — ,  the  un¬ 
dersigned  has  caused  a  sidewalk  (or  sidewalks)  to  be  constructed  or  laid  fronting 
(or  adjoining)  the  following  described  premises,  at  the  costs  and  expenses  set  op¬ 
posite  to  each,  to  wit : 


Name  of  owner. 

DESCRIPTION. 

Costs, 

Lot 

Block. 

Addition. 

If  sidewalks  shall  be  built  in  front  of  or  adjoining^several  contiguous  lots  or 
premises,  and  the  exact  cost  of  each  cannot  be  ascertained,  he  shall  apportion  the 
costs  equitably,  as  near  as  may  be,  to  each  lot  or  premises. 

Sec.  11.  When  any  costs  and  expenses  necessarily  made  and  expended  in  the 
construction  of  any  sidewalk  in  front  of  or  adjoining  any  delinquent  premises, 
shall  be  reported  by  the  City  Supervisor  to  the  City  Council  and  examined  and  ap¬ 
proved  by  them,  the  same  may  at  any  time  thereafter  be  collected  of  the  owner  of 
such  lot  or  premises,  or  other  person  liable  therefor,  and  recovered  by  suit  in  the 
name  of  the  city  before  any  court  having  jurisdiction,  and  the  City  Council  may  also 
at  any  time  thereafter,  by  the  passage  of  an  order  to  be  entered  upon  the  Record 
by  the  City  Clerk,  levy  and  assess  such  costs  and  expenses  against  the  premises 
chargeable  therewith,  and  direct  that  the  same  shall  be  entered  on  the  assessment 
list  for  the  current  year,  (if  the  same  be  levied  prior  to  or  on  the  tenth  day  of 
August  in  such  year,)  but  in  case  the  same  be  levied  after  the  tenth  day  of  Au¬ 
gust,  then  that  the  same  shall  be  entered  on  the  assessment  list  for  the  next  cur-* 
rent  year.  Said  amount  of  costs  and  expenses  to  be  entered  by  the  City  Clerk  in  a 
separate  column  in  the  assessment  list  opposite  such  property,  and  to  be  collected 
at  the  same  time  and  in  the  same  manner  in  all  respects  as  other  taxes  in  said  as¬ 
sessment  list  are  collected.  The  order  to  be  entered  on  the  Record  shall  contain  a 
correct  list  and  description  of  the  lots  and  premises,  with  the  name  of  the  owner 
thereof,  if  known,  and  with  the  amount  assessed  against  each  set  opposite  thereto, 
and  may  be  substantially  as  follows,  to-wit; 

<r  *  by  C^y  Council  of  the  City  of  Warsaw,  that  the  several  sums  set 

10 


146 


ORDINANCES, 


opposite  to  the  following  described  lots,  (parts  of  lots,  real  estate,  or  premises,  as 
the  case  may  be,)  respectively,  to-wit : 


Name  of  owner. 

DESCRIPTION. 

Costs. 

Lot. 

j  Block. 

|  Addition. 

( 

i 

Being  the  costs  and  expenses  approved  by  the  City  Council  for  constructing  and 
laying  sidewalks  m  front  of  or  adjoining  said  lots  or  premises  by  the  City  Super¬ 
visor,  in  pursuance  of  an  order  passed  — - -  185 — ,  after  failure  of  the  owners 

thereof,  or  other  persons  liable  therefor,  to  do  the  same  after  due  notice,  be  and 
the  same  are  hereby  respectively  levied  and  assessed  against  each  of  the  said  lots, 
(parts  of  lots  or  premises,)  and  that  the  same  be  entered  on  the  asssssment  list  for 
the  current  year  18—  opposite  said  property'-,  to  be  collected  as  other  taxes  in  said 
assessment.” 

The  City  Clerk  shall,  as  soon  as  practicable,  after  the  passage  of  the  order  of 
assessment,  set  down  in  a  separate  column  on  the  assessment  list  for  the  current 
year,  the  amount  assessed  to  each  lot  or  part  of  lot,  opposite  to  the  same,  in  ac¬ 
cordance  with  said  order,  in  case  said  order  of  assessment  be  passed  prior  to  the 
tenth  day  of  August  of  such  year ;  but  in  case  said  order  of  assessment  be  passed 
after  the  tenth  day  of  August  of  such  year,  then  the  same  shall  be  entered  on  the 
assessment  list  for  the  next  current  year. 

Sec.  12.  When  any  sidewalk,  or  sidewalk  curbing  in  front  of  or  adjoining  any 
premises,  shall  be  broken  and  need  repairs,  or  require  to  be  wholly  relaid,  the  Su¬ 
pervisor  shall,  without  delay,  cause  a  printed  or  written,  or  partly  printed  and  partly 
written,  or  verbal  notice  to  be  served  upon  any  known  owner  of  the  premises,  or 
his  agent,  or  any  other  person  who  may  be  liable  to  repair  or  relay  such  sidewalk, 
or  upon  both,  in  his  discretion,  stating  the  nature  and  extent  of  the  repairs  neces¬ 
sary,  and  requiring  them  to  be  made  within  six  days  after  notification,  unless  it 
shall  be  necessary  wholly  to  relay  the  sidewalk,  in  which  case,  not  less  than  ten, 
nor  exceeding  thirty  days  shall  be  specified  in  the  notice.  But  if  no  known  owner 
of  the  premises,  or  his  agent,  or  occupant,  or  other  person  liable  therefor  can  be 
found  within  the  city,  or  if  the  costs  of  such  repairs  or  relaying  will  not  exceed 
five  dollars,  or  if  the  sidewalk  or  the  curbing  thereof  is  in  such  a  condition  as  to 
be  unsafe  or  dangerous,  the  Supervisor  shall  cause  the  same  to  be  repaired  or  re- 
laid  without  notice,  and  may  collect  the  costs  and  expenses  thereof  of  the  owner  of 
the  premises  chargeable  therewith,  or  any  othei  person  liable  therefor,  or  may  re¬ 
port  the  same  to  the  City  Council  for  allowance  and  assessment  against  the  prem¬ 
ises  chargeable  therewith. 

Sec.  13.  The  City  Supervisor,  when  any  sidewalk  or  sidewalk  curbing  may  not 
be  repaired  or  relaid  in  compliance  with  his  notification,  shall,  without  delay,  cause 
the  same  to  be  done,  and  shall  collect  the  costs  and  expenses  thereof  of  the  owner 
of  the  premises  chargeable  therewith,  or  of  any  other  person  who  may  be  liable 
therefor;  and  in  all  cases  where  such  owners  or  other  persons  liable  therefor,  shall 
not  pay  such  costs  and  expenses,  the  Supervisor  shall  report  the  same  upon  oath  to 
the  City  Council  with  the  description  of  the  premises  to  which  the  same  are  charge¬ 
able,  and  with  the  name  of  the  owner  thereof,  if  known,  and  the  time  and  manner 


STREETS  AND  ALLEYS. 


147 


of  notice,  where  notice  is  required  to  be  given  ;  and  upon  the  examination  and  ap¬ 
proval  of  his  report  by  the  City  Council,  the  amount  so  necessarily  expended  in  re¬ 
pairing  or  relaying  such  sidewalk  or  curbing  may  be  levied  and  assessed  against  the 
premises  chargeable  therewith,  and  collected  in  he  same  manner  as  is  herein  prescri¬ 
bed  in  the  case  of  other  sidewalk  assessments ;  or  such  costs  and  expenses  may  at 
any  time  be  collected  of  the  owner  of  such  premises,  or  other  person  liable  there¬ 
for,  and  recovered  by  suit  in  the  name  of  the  city  before  any  court  having  jurisdic¬ 
tion. 

Sec.  14.  The  grades  of  sidewalks  shall  be  established  by  the  City  Council ;  but 
the  City  Engineer  may  give  a  temporary  grade  where  no  permanent  grade  is  es¬ 
tablished,  and  he  shall,  when  requested  by  any  person  desiring  to  build  any  side¬ 
walk,  stake  out  the  grade  therefor. 

Sec.  15.  Whoever  shall  build  or  cause  to  be  built,  or  assist  in  building  any 
sidewalk  contrary  to  any  grade  established  by  the  City  Council,  or  in  a  different 
manner  than  is  herein  required,  or  shall,  where  no  permanent  grade  is  established, 
build,  or  cause  to  be  built,  or  assist  in  building  any  sidewalk  without  first  obtain¬ 
ing  a  temporary  grade  therefor  from  the  City  Engineer,  or  shall  build  or  cause  to 
be  built,  or  assist  in  building  such  sidewalk,  contrary  to  the  grade  which  may  be 
given  by  the  City  Engineer,  shall,  in  each  case,  be  subject  to  a  penalty  of  not  less 
than  three  dollars,  and  to  an  additional  penalty  of  not  less  than  one  dollar  for  each 
day  he  shall  not  remedy  or  rebuild  such  sidewalk,  when  required  by  the  City  Su¬ 
pervisor,  and  shall  likewise  be  liable  for  all  damages  arising  from  the  bad  condition 
of  the  same. 

Sec.  16.  If  any  owner  of  any  premises,  or  any  occupant  or  lessee  thereof, 
whose  duty  it  is,  by  any  contract  or  otherwise,  to  do  the  same,  shall  neglect  or  re¬ 
fuse  to  repair,  relay  or  build  any  sidewalk  or  sidewalk  curbing,  in  front  of  or  ad¬ 
joining  his  premises,  after  due  notice  to  do  the  same,  as  is  herein  required,  he  shall 
be  subject  to  a  penalty  of  not  less  than  one  dollar  for  each  day  he  shall  not  comply 
with  such  notice,  and  shall  also  be  liable  for  all  damages  arising  from  the  bad  con¬ 
dition  of  such  sidewalk. 

Passed  July  26th,  1859. 


CHAPTER  XXVII. 

STREETS  AND  ALLEYS. 

An  Ordinance  providing  for  the  Improvement  of  the  Streets  and  Alleys  of  the  City. 

Section  1.  All  grading  of  the  public  streets  and  alleys  of  the  city  shall  be 
done  at  the  general  expense  of  the  city,  and  paid  for  out  of  the  general  fund.  But 
when  the  City  Council  shall  deem  it  necessary  to  pave  or  macadamize  any  street  or 
part  of  any  street,  the  same  shall  be  referred  to  the  committee  on  streets  and  alleys, 
or  other  appropriate  committee,  wrho  shall  examine  into  such  proposed  improve¬ 
ment,  and  make  an  accurate  estimate  of  the  probable  cost  thereof,  and  report  the 
same  to  the  City  Council,  with  an  ordinance  designating  the  street  or  part  of  street 
to  be  improved,  and  specifying  the  plans  and  manner  of  such  improvement. 

Sec.  2.  When  the  City  Council  shall  provide  by  ordinance,  for  the  improve- 


148 


ORDINANCES. 


raent  of  any  street  or  part  of  any  street,  and  the  same  shall  be  paved  or  macadam¬ 
ized,  one  half  of  the  costs  of  such  improvement  shall  be  chargeable  to  and  taxed 
against  the  real  estate  fronting  upon  or  adjoining  such  street  or  part  of  street  so  im¬ 
proved,  according  to  the  assessed  valuation  thereof;  and  the  remaining  half  of 
such  costs  shall  be  paid  for  by  general  taxation  and  appropriated  from  the  general 
fund  ;  and  to  defray  one-half  of  such  costs,  a  special  tax  not  exceeding  five  mills 
to  the  dollar  per  annum,  shall  be  annually  levied  and  assessed  upon  all  the  real  es¬ 
tate  fronting  upon  or  adjoining  such  street  or  part  of  street  so  improved,  according 
to  the  assessed  valuation  thereof,  and  collected  in  the  same  manner  as  general  city 
taxes,  and  exclusively  expended  in  making  such  improvement  until  the  same  shall 
be  completed  and  paid  for,  or  until  the  debt  with  the  interest  thereon  which  may  be 
incurred  therefor  shall  be  fully  paid.  And  the  City  Council  shall  provide  for  the 
payment  of  the  remaining  half  of  the  costs  of  such  improvement,  or  of  any  debt  and 
interest  incurred  therefor,  and  shall  appropriate  from  the  general  fund  of  the  city 
such  a  sum  as  may  be  necessary  to  pay  one-half  of  such  costs,  or  of  any  debt,  or 
installment  of  debt,  and  interest  failing  due,  which  may  be  incurred  for  making 
any  such  improvement. 

Sec.  3.  The  Mayor,  when  authorized  by  ordinance,  may,  with  the  concurrence 
of  the  committee  on  streets  and  alleys,  borrow  money  upon  the  credit  of  the  city, 
to  such  amount  as  may  be  necessary  to  defray  the  costs  of  the  making  or  complet¬ 
ing  any  such  street  improvement  ordered  by  the  City  Council,  and  issue,  sell,  or 
dispose  of  the  bonds  of  the  city  therefor  to  the  best  advantage.  Such  bonds  shall 
be  designated  u  Street  Improvement  Bonds,”  and  shall  be  dated  the  day  of  the  is¬ 
suing  or  delivery  thereof,  and  signed  by  the  Mayor  and  City  Clerk,  under  the  cor¬ 
porate  seal,  and  shall  be  payable  either  in  gross  or  by  instalments,  in  not  less  than 
three,  and  not  exceeding  ten  years,  and  bear  interest  at  not  exceeding  the  rate  au¬ 
thorized  by  the  city  charter,  payable  as  may  be  agreed  upon,  not  oftener  than  semi¬ 
annually,  and  the  principal  and  interest  shall  be  payable  at  such  place  within  the 
United  States  to  be  named  in  the  bond,  as  may  be  agreed  upon,  and  coupons  for  the 
interest  shall  be  attached. 

Sec.  4.  The  principal  and  interest  which  may  become  due  upon  such  bonds  shall 
be  payable  from  the  special  tax  and  appropriation  herein  provided  for,  and  the  pro¬ 
ceeds  arising  from  the  sale  or  disposition  of  such  bonds  shall  be  paid  into  the  city 
treasury  to  the  credit  of  the  street  improvement  for  which  the  bonds  were  issued, 
and  shall  be  exclusively  expended  and  applied  towards  the  making  or  completing 
of  such  improvement. 

Sec.  5.  The  City  Clerk  shall  annually  enter  into  the  appropriate  column  the 
assessment  list  for  each  current  year,  the  tax  of  five  mills  to  the  dollar,  herein  pro¬ 
vided  for,  upon  the  assessed  valuation  of  all  the  real  estate  fronting  upon  or  adjoin¬ 
ing  any  street  or  part  of  street  which  may  be  improved  in  accordance  with  the  pro¬ 
visions  hereof,  or  such  per  centage  thereof  as  may  be  necessary  to  meet  the  pay¬ 
ment  of  one-half  of  any  instalment  of  principal  and  interest  for  that  year,  and  such 
tax  shall  be  collected  by  the  Collector  in  the  same  manner  in  all  respects  as  general 
taxes,  and  paid  into  the  city  treasury  to  the  credit  of  such  street  improvement,  and 
the  Treasurer  shall  keep  a  separate  account  thereof. 

Sec.  6.  The  City  Engineer  or  other  officer  having  charge  of  any  public  work 

shall,  from  time  to  time,  when  required,  report  the  cost  and  progress  thereof  and 
shall,  without  delay,  after  the  completion  of  any  public  work  or  improvement,  re- 

:crt  the  total  r  vu  thereof 1  to  the  City  Council. 


STREET  TAXES. 


149 


Sec.  ?.  The  City  Clerk  shall  open  and  keep  a  separate  account  with  each  street 
or  part  of  street  which  may  be  improved  in  accordance  with  the  provisions  hereof, 
and  shall  charge  the  same  with  all  expenditures  made,  and  credit  it  with  all  reve¬ 
nues  or  moneys  received  on  account  thereof. 

Sec.  8.  All  repairs  which  may  become  necessary  to  any  street  or  part  of  street 
which  may  be  paved  or  macadamized  under  the  provisions  hereof,  shall  be  made  at 
the  expense  of  the  real  estate  fronting  upon  or  adjoining  the  street  or  part  of  street, 
so  improved,  and  such  costs  and  expenses  shall  be  levied  and  assessed  against,  and 
collected  of  the  real  estate  fronting  upon  or  adjoining  such  street  or  part  of  street 
so  improved  and  repaired,  according  to  the  assessed  valuation  thereof  in  the  same 
manner  as  is  herein  prescribed  for  the  making  of  such  improvement. 

Sec.  9.  When  the  City  Council  shall  order  the  paving  or  macadamizing  of  any 
public  alley,  such  improvement  shall  be  made  at  the  cost  of  the  owners  of  the  real 
estate  fronting  upon  or  adjoining  such  alley,  according  to  the  number  of  feet  owned 
by  them  fronting  or  adjoining  thereon  ;  and  notice  of  the  order  of  the  City  Council 
to  make  such  improvement  shall  be  given  by  the  City  Supervisor  to  each  known 
owner  of  any  lot  or  real  estate  fronting  upon  or  adjoining  such  alley,  or  his  agent, 
and  upon  the  failure  or  neglect  of  such  owner  to  comply  with  such  notice,  such 
failure  or  neglect  shall  be  reported  to  the  City  Council  by  the  City  Supervisor,  and 
the  City  Council  may  order  such  improvement  to  be  made  by  the  City  Supervisor, 
and  the  costs  and  expenses  thereof  reported  by  him  to  the  City  Council,  and  the 
costs  and  expenses  so  reasonably  and  necessarily  expended  in  the  making  of  such 
improvement  shall  be  levied  and  assessed  against  and  collected  of  the  real  estate 
chargeable  therewith,  fronting  upon  or  adjoining  such  alley,  in  the  same  manner  in 
all  respects  as  is  presciibed  for  the  assessment  and  collection  of  sidewalk  assess¬ 
ments  ;  and  all  proceedings  for  the  improving  of  any  alley  under  the  provisions  of 
this  section,  shall  be  the  same,  as  near  as  maybe,  as  is  prescribed  for  the  construc¬ 
tion  of  sidewalks,  in  the  ordinance  in  relation  to  sidewalks. 

Passed,  July  26,  1859. 


CHAPTER  XXVIII. 

STREET  TAXES. 

An  Ordinance  in  relation  to  Street  Taxes. 

Section  1.  Al)  male  residents  of  the  city  over  the  age  of  twenty-one  yeai'9, 
and  under  the  age  of  fifty  years,  (not  members  of  the  City  Council  or  registered 
firemen,)  shall  labor  not  exceeding  three  days  in  each  year  upon  the  streets  and 
alleys  of  the  city,  in  the  wards  in  which  they  may  respectively  reside,  or  pay,  in 
lieu  thereof,  three  dollars  to  the  City  Treasurer,  on  or  before  the  first  day  of  July, 
annually.* 


*  A  power  in  a  municipal  charter  to  require  all  male  inhabitants  of  the  city  to  la¬ 
bor  on  the  streets,  alleys,  and  highways  of  the  city,  or  to  pay  a  tax  in  lieu  thereof, 
is  constitutional.— Alton  vs.  Sawyer,  3  Scam.  127. 


150 


ORDINANCES. 


Sec.  2.  The  City  Supervisor  shall,  at  least  twenty  days  before  the  first  day  of 
July  in  each  year,  by  publishing  an  advertisement,  for  ten  days,  in  all  newspapers 
printed  in  the  city,  and  also  by  posting  up  printed  handbills  in  at  least  five  of  the 
most  public  places  of  each  ward,  cause  notice  to  be  given  to  all  male  residents  of 
each  ward,  subject  to  perform  street  labor,  requiring  them  to  appear  at  the  time 
and  place  designated  in  the  notice,  for  the  purpose  of  laboring  upon  the  streets  and 
alleys  of  their  respective  wards,  or  to  pay  three  dollars  into  the  city  treasury  in  lieu 
of  such  labor,  on  or  before  the  first  day  of  July  thereafter.  The  day  or  days  spe¬ 
cified  in  the  notice  during  which  persons  subject  to  labor  are  required  to  appear  for 
the  purpose  of  laboring,  shall  be  at  least  ten  days  prior  to  the  first  day  of  July. 
The  notice  may  be  substantially  as  follows,  to  wit : 

“notice  to  street  tax  payers. 

City  Supervisor’s  Office,  ) 
Warsaw,  - - ,  18 —  $ 

“  All  male  residents  of  the  city  over  twenty-one  and  under  fifty  years  of  age, 

subject  to  perform  street  labor,  and  residing  in  the - ward,  are  hereby  notified 

and  required  to  appear  at  (the  Mayor’s  office  or  such  other  place  as  may  be  desig¬ 
nated,)  at  seven  o’clock,  A.  M.,  on  — - the - day  of - ,  (or  between 

the - —  and - days  of - )  instant,  or  next,  with  the  necessary  imple¬ 

ments  for  the  purpose  of  laboring  upon  the  streets  and  alleys  of  the  city  in  their 
ward,  under  the  direction  of  the  undersigned  ;  or  to  pay,  in  lieu  of  such  labor,  three 
dollars  into  the  city  treasury,  on  or  before  the  first  day  of  July  next.  And  if  the 
street  labor  shall  not  be  performed,  or  three  dollars  paid  in  lieu  thereof,  as  is  herein 
required,  three  dollars  will  be  charged  and  collected  by  the  Collector. 

A.  B.,  City  Supervisor.” 

Notification  to  the  residents  of  two  or  more  wards,  or  of  all  the  wards,  may  be 
given  an  d  embraced  in  the  same  notice  ;  and  if  the  Supervisor  shall  neglect  to  give 
notice  as  is  herein  required,  he  shall  be  liable  to  the  city  for  all  loss  that  may  occur 
from  such  neglect. 

Sec.  3.  The  City  Supervisor  shall  attend  at  the  time  and  place  mentioned  in  his 
notice,  and  shall  direct  and  supervise  such  persons  as  may  appear  for  the  purpose 
of  performing  street  labor  in  their  respective  wards  ;  and  to  all  such  as  shall  dili¬ 
gently  labor  upon  the  streets  or  alleys,  under  his  direction  or  supervision,  for  three 
days,  he  shall  give  his  receipt,  stating  the  fact.  He  shall  not  receipt  for  or  receive 
any  money  in  lieu  of  labor,  from  any  person,  nor  shall  he  transfer  hi3  duties  as 
Supervisor  to  any  other  person. 

_  Sec.  4.  He  shall,  on  or  before  the  tenth  day  of  July  in  each  year,  make  out  and 
return  to  the  City  Clerk  an  alphabetical  list  of  all  persons  who  have  labored  for 
three  days  upon  the  streets  and  alleys,  with  the  number  of  the  wards  in  which  such 
persons  reside,  designated  with  the  proper  figure  opposite  to  their  respective  names, 
and  with  his  certificate  attached  in  the  following  form,  to  wit:  “  The  undersigned. 
City  Supervisor  of  the  city  of  Warsaw,  hereby  certifies,  that  the  persons  whose 
names  appear  on  the  foregoing  list  have  diligently  labored  for  three  days  upon  the 
streets  and  alleys  of  their  respective  wards,  under  my  supervision,  and  that  I  have 
not  receipted  for  or  received  any  money  in  lieu  of  labor,  nor  transferred  my  duties 
to  any  other  person.  , 


A.  B.j  City  Supervisor. 


STREET  TAXES. 


151 


Sec.  5.  The  City  Clerk  shall,  by  the  first  Monday  of  August  in  each  year,  un¬ 
icss  further  time  shall  be  given,  make  out  and  return  to  the  City  Council,  an  alpha¬ 
betical  list  of  all  persons  whose  names  appear  upon  the-poll  books  of  the  last  gen¬ 
eral  city  election,  with  the  ward  in  which  each  resides,  designated  with  the  proper 
figure  or  number  thereof  set  opposite  to  his  name,  omitting  such  persons  as  have 
performed  street  labor  or  paid  the  tax  in  lieu  thereof,  and  adding  the  names  of  such 
persons  chargeable  with  street  taxes  as  he  may  be  able  to  ascertain,  and  shall  charge 
three  dollars  to  each  person  upon  such  list.  He  shall  also  examine  the  delinquent 
street  tax  lists  for  any  prior  year,  or  years,  and  shall  enter  and  charge  any  street 
taxes  due  for  any  such  prior  year  which  he  may  deem  collectable,  noting  the  year 
for  which  the  same  is  due. 

Sec.  6.  The  City  Council,  when  the  street  tax  list  shall  be  returned  by  the 
City  Clerk,  shall  examine  the  same,  and  may  direct  to  be  added  thereto,  the  names 
of  such  persons  as  they  may  ascertain  to  be  liable  for  street  taxes,  or  direct  the 
names  of  such  persons  as  are  not  liable,  to  be  erased  from  the  list;  and  upon  the 
approval  thereof,  shall,  by  the  passage  of  an  order,  direct  a  warrant  to  be  issued 
for  the  collection  of  the  street  taxes  therein  charged. 

Sec.  7.  The  City  Clerk  shall,  without  delay,  after  the  passage  of  the  order, 
make  out  a  warrant  for  the  collection  of  the  street  taxes,  signed  by  himself  and  the 
Mayor,  under  the  corporate  seal,  returnable  within  ninety  days  from  the  date 
thereof,  and  shall  attach  the  same  to  the  street  tax  list,  and  deliver  them  to  the  Col¬ 
lector,  taking  duplicate  receipts  from  him,  for  the  amount  thereof,  one  of  which 
shall  be  filed  with  the  Treasurer,  and  they  shall  each  charge  the  Collector  with  the 
full  amount  thereof.  The  warrant  may  he  substantially  as  follows,  to  wit : 

State  of  Illinois,  } 

City  of  Warsaw,  $  ‘ 

The  People  of  the  State  of  Illinois  to  the  City  Collector  of  the  City  of  Warsaw, 

Greeting : 


Whereas,  the  several  persons  whose  names  appear  upon  the  attached  list,  have 
failed  to  appear  and  labor  upon  the  streets  and  alleys  of  the  city,  in  their  respective 
wards,  or  to  pay  three  dollars  in  lieu  thereof,  after  being  duly  notified  thereof,  as 
required  by  law.  Now,  therefore,  you  are  hereby  commanded  to  make,  levy  and 
collect,  of  the  goods  and  chattels  of  the  persons  above  named,  the  sum  of  money 
set  opposite  to  the  name  of  each,  as  his  street  taxes,  due  for  the  municipal  year  18 — 
and  make  due  return  in  what  manner  you  shall  execute  this  warrant,  within  ninety 
days  from  the  date  hereof. 

Witness,  A.  B.,  Mayor  of  the  city  of  Warsaw,  and 

[L.  S.]  the  corporate  Seal  thereof,  this - day  of  — - - 

A.  £).,  18 — . 


A.  B.,  Mayor. 


C.  D.,  City  Clerk. 


Sec.  8.  The  Collector  shall  collect  the  street  taxes  due,  with  his  commission  of 
rive  per  cent,  upon  the  amount  thereof,  for  collecting  the  same  added  thereto,  in 
the  same  manner,  and  with  the  same  powers  as  taxes  due  upon  personal  property 
are  collected.  He  shall  add  to  the  list  the  names  of  such  persons  as  he  may  ascei- 
tain  to  be  liable  for  street  taxes  for  the  current,  or  any  former  year,  and  may  col¬ 
lect  the  street  taxes  due  from  such  persons,  in  the  same  manner  as  if  they  had  been 
originally  listed  by  the  City  Clerk.  Upon  the  receipt  of  street  taxes,  he  shall  mark 


152 


ORDINANCES. 


the  word  fcpaid”  opposite  to  the  name  of  the  person  pay  ingthe  same,  and  shall  give 
him  a  receipt  therefor,  stating  the  ward,  and  the  year  for  which  it  is  paid.  He  shall 
also  note  upon  his  list,  the  names  of  all  persons  he  may  be  unable  to  find,  and  the 
names  of  all  persons  not  subject  to  street  taxes,  with  the  reason  of  such  exemp¬ 
tion  ;  and  upon  the  approval  of  his  return  by  the  City  Council,  he  shall  be  credited 
with  such  portion  of  the  list  as  may  be  uncollectable.  His  return  shall  be  made 
upon  oath  that  it  is  “  true  to  the  best  of  his  knowledge  and  belief,”  and  may  be 
substantially  as  follow's,  to  wit: 

City  Collector’s  Office,  / 
Warsaw, - ,  18 —  $ 

To  the  City  Council  of  the  City  of  Warsaw:  the  undersigned,  City  Collector  of 
the  City  of  Warsaw,  makes  return  of  the  foregoing  warrant,  that  he  has  collected 
the  several  amounts  of  street  taxes  of  the  several  persons  charged  therewith,  in  the 
list  annexed  thereto,  opposite  to  whose  names  the  word  “paid”  is  written  ;  that 
he  has  made  demand  of  all  the  other  persons  whose  names  appear  upon  said  list, 
so  far  as  he  has  been  able  after  diligent  search  to  find  them ;  that  he  has  entered 
upon  such  list  the  names  of  all  persons  liable  for  street  taxes,  so  far  as  he  has  been 
able  with  diligence  to  ascertain  the  same:  that  he  has  not  received  any  money  for 
street  taxes  due,  of  any  person  not  entered  on  such  list,  and  marked  paid :  that  he 
has  been  unable  to  find  the  persons  marked  “not  found”  opposite  to  their  respec¬ 
tive  names  :  that  the  persons  noted  in  the  list  are  to  the  best  of  his  belief  not  subject 
to  street  taxes,  for  the  reasons  specified  opposite  to  their  respective  names  ;  and 
that  he  has  not  been  able  to  collect  the  street  taxes  due  from  the  persons  liable 
therefor,  not  marked  paid  on  the  list,  or  to  find  any  personal  property  belonging  to 
them,  or  either  of  them,  out  Of  which  such  taxes  could  be  made.  He  therefore  re¬ 
turns  the  said  warrant,  unsatisfied  as  to  all  street  taxes  due,  and  not  marked  paid  on 
the  list  annexed  thereto. 

- ,  City  Collector. 

Sec.  9.  Street  taxes  due  may  also  be  collected  of  the  person  liable  therefor,  at 
any  time  before  or  after  the  return  of  the  warrant,  by  suit  in  the  name  of  the  city 
before  any  court  having  jurisdiction;  and  the  City  Council  may  order  suit  to  be 
brought  against  all  persons  for  the  collection  of  delinquent  street  taxes,  or  such 
part  thereof  as  may  be  collectable. 

Passed,  July  26,  1859. 


CHAPTER  XXIX. 

TRANSIENT  TRADERS. 

Jn  Ordinance  Regulating  and  Licensing  Transient  Traders. 

Section  1.  No  transient  trader  shall  within  the  city,  sell  or  barter  by  retail,  or 
shall  offer  or  expose  for  sale  or  baiter  by  retail,  either  by  sample  or  other  speci¬ 
men,  or  by  list,  catalogue  or  otherwise,  any  goods,  wares,  or  merchandise,  not  be¬ 
ing  agricultural  products,  or  articles  manufactured  within  this  State,  whether  such 
trader  be  the  maker  or  manufacturer  thereof  or  not,  without  a  license  therefor, 
'under  a  penalty  of  not  less  than  fifty  dollars  in  each  case. 


PRISON, 


153 


Sec.  2.  For  a  license  to  a  transient  trader  to  sell  goods,  wares  and  merchandise 
Vnderthe  provisions  hereof,  <here  shall  be  taxed  and  collected  two  per  cent,  upon 
the  value  of  the  goods,  wares  and  merchandise  owned  by,  or  in  the  possession  of 
such  person,  as  his  stock  in  trade.  Such  value  to  be  stated  in  his  application  for  a 
license,  and  ascertained  and  verified  by  the  oatft  of  the  applicant ;  and  if  the  Mayor 
and  Clerk  shall  not  be  satisfied  with  such  valuation,  they  may  appoint  any  two  dis¬ 
interested  and  reputable  merchants  of  the  city,  to  fix  the  value  of  the  goods  wares 
and  merchandise  of  such  transient  trader,  and  the  valuation  so  fixed  by  them  shall 
be  final  and  conclusive. 

Sec.  3.  No  person  or  co-partnership  of  persons  shall,  under  or  in  his  or  their 
name,  or  firm,  or  at  his  or  their  place  of  business,  or  elsewhere,  within  the  city, 
suffer  or  permit  any  transient  trader  to  sell  or  barter,  or  to  expose  or  offer  for  sale 
or  barter  by  retail,  either  by  sample  or  other  specimen,  or  by  list,  catalogue  or  oth¬ 
erwise,  any  goods,  wares  or  merchandise,  contrary  to  the  provisions  hereof,  under 
a  penalty  of  not  less  than  fifty  dollars. 

Sec.  4.  The  term  a  transient  trader,”  shall  be  construed  to  mean  any  person 
not  permanently  transacting  business  within  the  city,  and  not  paying  all  city  taxes 
upon  his  stock  in  trade,  regularly  and  legally  assessed  and  collected,  upon  the  stock 
in  trade  of  permanent  merchants  and  traders. 

Passed,  July  26,  1859, 


CHAPTER  XXX. 

PRISON, 

An  Ordinance  in  relation  to  the.  City  Prison 

Section  1.  The  stone  building  and  enclosure,  situated  on  Lot  numbered  five  (5) 
Block  numbered  twenty  (20)  in  the  City  of  Warsaw,  shall  be  denominated  the 
“  City  Prison,”  and  shall  be  used  as  a  Prison  and  Workhouse  for  all  purposes  re¬ 
quiring  the  same,  by  the  charter  and  ordinances  of  the  said  city. 

Sec.  2.  The  City  Marshal  shall  have  the  charge  of  the  City  Prison,  and  the 
custody  of  all  persons  committed  thereto  ;  and  he  is  hereby  required  to  put  to  suit¬ 
able  work,  either  inside  of  said  prison  or  on  the  streets  and  alleys  of  the  city,  all 
persons  committed  by  any  magistrate  for  failure  to  pay  any  fines  or  penalties  in¬ 
curred  for  breach  of  any  ordinance  of  the  city,  and  to  retain  such  person  in  said 
prison  until  his  term  of  imprisonment  shall  expire,  or  until  he  or  she  has  paid  his  or 
her  fine,  as  required  by  section  16,  article  12,  of  the  charter. 

Passed,  July  26,  1859. 


154 


ORDINANCES. 


CHAPTER  XXXI. 

TREASURY  DEPARTMENT. 

Jin  Ordinance  establishing  and  regulating  the  Treasury  Department . 

Section  1.  The  City  Clerk  shall  audit  all  accounts  allowed  by  the  City  Coun¬ 
cil,  and  correct  any  errors  that  may  be  found  therein,  and  upon  ascertaining  the 
amount  due,  he  shall  draw  his  warrant  upon  the  city  treasury  therefor,  signed  by 
the  Mayor  and  countersigned  by  him. 

He  shall  keep  in  a  suitable  book,  an  accurate  list  of  all  warrants  drawn  on  the 
treasury,  stating  the  date,  number,  and  amount  thereof,  and  the  name  of  the  person 
m  whose  favor  drawn  ;  and  he  shall  take  the  receipt  of  such  person  for  the  war¬ 
rant  upon  the  delivery  thereof. 

Sec.  2.  The  City  Clerk  shall  keep  a  day-book,  journal  and  ledger,  and  such 
other  books  as  may  be  necessary,  and  shall  keep  all  accounts  pertaining  to  the 
finances  of  the  city  by  double  entry. 

He  shall  keep  an  accurate  account  with  all  city  officers  and  others  collecting  or 
receiving  any  moneys,  property,  or  claims  on  account  of  the  city,  charging  them 
with  all  moneys  or  property  received  by  them,  or  claims  placed  in  their  hands  for 
collection,  and  crediting  them  with  all  moneys  paid  into  the  treasury,  upon  their 
filing  the  treasurer’s  receipts,  or  with  accounts  or  claims  uncollectable,  or  other 
proper  credits,  upon  filing  the  proper  vouchers.  The  Treasurer  shall  be  credited 
with  all  warrants  cancelled  and  returned. 

Sec  3.  The  Clerk  shall  keep  a  detailed  and  specific  account  of  the  city  revenue, 
keeping  an  account  with  each  separate  fund,  crediting  the  same  with  all  receipts, 
and  charging  it  with  all  appropriations  or  warrants  drawn  thereon. 

He  shall  keep  an  accurate  account  of  all  debts  due  by,  or  owing  to  the  city,  and 
shall  keep  a  bill  book  in  which  he  shall  enter  a  correct  list  of  all  bonds,  notes,  or 
other  obligations  given  by  or  payable  to  the  city,  with  the  date  thereof,  the  person 
to  whom  or  by  whom  owing  or  payable,  and  the  rate  of  interest,  and  the  time  and 
manner  in  which  the  principal  and  interest  are  payable,  and  such  other  particulars 
as  may  be  necessary  to  a  full  understanding  of  the  tenor  thereof. 

He  shall  charge  each  warrant  to  the  fund  or  appropriation  on  which  it  is  drawn. 

Sec.  4.  The  City  Treasurer  shall  keep  a  day-book,  journal  and  ledger,  and  such 
other  books  as  may  be  necessary,  and  shall  keep  by  double  entry  an  accurate  ac¬ 
count  of  all  moneys  received  and  disbursed  by  him  on  account  of  the  city,  stating 
from  whom  and  on  what  account  received,  and  to  whom  and  on  what  account  paid. 

He  shall  keep  an  accurate  account  with  each  separate  fund,  or  general  appropri¬ 
ation,  and  of  the  debits  and  credits  properly  belonging  thereto. 

He  shall  keep  an  accurate  list  of  all  warrants  received  or  redeemed  by  him,  sta¬ 
ting  the  date,  number,  and  amount  thereof,  to  whom  issued,  and  from  whom  and 
the  date  whence  received. 

Sec.  o.  He  shall  at  each  regular  meeting,  report  to  the  City  Council  an  accurate 
statement  of  all  receipts  and  payments  for  the  preceding  month,  and  return  all  war¬ 
rants  cancelled,  to  the  City  Clerk,  taking  his  receipt  therefor  $  and  the  Clerk  shall 
credit  him  with  the  amount  of  such  warrants. 

Sec.  6.  The  City  Treasurer  shall  give  duplicate  receipts  to  the  officer  or  person 
paying  any  moneys  into  the  treasury  on  account  of  the  city,  one  of  which  shall  be 
filed  with  the  City  Cleik,  wh©  shall  charge  and  credit  the  proper  account  there¬ 
with. 


TREASURY  DEPARTMENT. 


155 


Sec.  7.  Whenever  any  city  officer  shall  neglect  or  refuse  to  pay  over  any 
moneys,  or  to  make  proper  settlement  of  his  accounts,  or  of  any  claim  of  the  city 
placed  in  his  hands  for  collection  as  required  by  ordinance,  or  whenever  upon  the 
adjustment  of  the  account  of  any  city  officer,  any  moneys  shall  be  found  due  by 
him  to  the  city,  and  the  same  shall  not  be  immediately  paid  into  the  city  treasury, 
and  the  Treasurer’s  receipt  therefor  filed  with  the  City  Clerk,  the  City  Clerk  shall 
forthwith  report  such  officer,  with  an  abstract  of  his  account,  tn  the  City  Council, 
who  shall,  by  an  order,  require  him  to  make  proper  settlement  of  his  account,  or  of 
all  claims  of  the  city  placed  in  his  hands  for  collection,  and  to  pay  into  the  city 
treasury  without  delay,  all  moneys  due  the  city,  and  to  return  to  the  City  Clerk  all 
claims  in  his  hands.  Notice  of  such  order  shall  be  given  to  such  officer,  and  to  his 
sureties,  by  the  Mayor,  and  upon  his  default  to  comply  therewith,  suit  may  be 
brought  upon  his  official  bond  for  the  amount  with  which  he  stands  charged,  or  such 
other  measures  may  be  taken  as  will  secure  the  city  from  loss.  An  abstract  of  the 
account  of  such  officer,  certified  to  by  the  City  Clerk  under  the  corporate  seal, 
shall  be  delivered  to  the  City  Attorney,  and  shall  be  sufficient  to  commence  suit 
against  such  officer  and  his  sureties  upon  his  official  bond,  before  any  court  having 
jurisdiction. 

Sec.  8.  No  account  shall  be  allowed,  or  warrant  drawn  in  favor  of  any  person 
indebted  to  the  city,  or  of  his  assigns,  except  for  the  balance  which  may  be  due 
over  and  above  the  amount  due  the  city. 

Sec.  9.  The  Committee  on  Finance  shall  prescribe  the  manner  in  which  the 
books  and  accounts  of  all  city  officers  shall  be  kept,  in  order  to  establish  uniform¬ 
ity  therein.  They  shall,  at  least  quarterly  examine  the  books,  accounts  and  papers 
of  all  city  officers,  and  see  that  they  are  properly,  regularly  and  neatly  kept  and 
preserved,  and  that  the  books  and  papers  belonging  to  the  offices  of  the  Clerk, 
Treasurer  and  Collector,  are  secure  from  loss  or  accident  by  fire ;  and  they  shall 
report  to  the  City  Council  any  neglect  or  refusal  on  the  part  of  any  city  officer  to 
keep  his  books  or  accounts  properly,  or  to  preserve  any  paper  pertaining  to  his 
office.  Any  officer  who  shall  neglect  or  refuse  to  keep  his  books  or  accounts,  or 
to  preserve  any  papers  pertaining  to  his  office,  as  required  by  ordinance,  or  in  such 
manner  as  the  Committee  on  finance  shall  prescribe,  may  be  removed  from  office  for 
incompetency. 

Sec.  10.  The  Committee  on  Finance  shall,  on  or  before  the  third  Monday  pre¬ 
ceding  the  first  Monday  of  April  in  each  year,  make  settlement  with  all  city  officers, 
and  final  settlement  at  the  expiration  of  their  terms  of  office,  and  report  the  same 
to  the  City  Council.  If  they  shall  be  unable  to  make  settlement  with  any  officer, 
they  shall  state  the  fact,  and  the  causes  which  prevent  such  settlement. 

Sec.  11.  The  City  Clerk  shall  annually,  on  the  third  Monday  preceding  the 
first  Monday  of  April,  report  to  the  City  Council  an  accurate  statement  of  all  re¬ 
ceipts  and  expenditures  since  the  last  annual  report,  showing  for  what  purposes  re¬ 
ceived,  and  for  what  objects  expended, — the  amount  of  general  taxes  received  from 
each  ward,  and  the  amount  expended  for  local  improvements  in  the  same,  the  debts 
due  or  owing  by,  and  amounts  owing  to  the  city,  and  the  object  or  purpose  for 
which  created  or  owing,  and  such  other  matters  as  may  be  necessary  to  a  full  un¬ 
derstanding  of  the  financial  condition  of  the  city. 

Sec.  12.  The  City  Treasurer  shall,  on  the  third  Monday  preceding  the  first 
Monday  of  April  annually,  report  to  the  City  Council  a  full  and  complete  state¬ 
ment  of  the  transactions  of  his  office  since  the  last  annual  report,  showing  the 


156 


ORDINANCES. 


amount  of  revenue  and  expenditures,  the  sources  from  whence  derived,  and  the 
purposes  for  which  expended  or  appropriated,  and  the  state  of  the  Treasury. 

Any  other  city  officer,  if  required,  shall  report  to  the  City  Council,  at  the 
same  time.,  a  complete  statement  of  the  transactions  of  his  office  for  the  preced¬ 
ing  year. 

Sec.  13.  The  fiscal  year  of  the  city  shall  commence  on  the  first  Monday  of  April 
jin  each  year. 

Passed,  July  26,  1859. 


CHAPTER  X  X  X  I  1 .  "  : 

TREES. 

An  Ordinance  in  relation  to  Trees. 

Section  1.  All  shade  or  ornamental  trees  placed  along  any  street,  shall  be 
planted  on  a  line  two  feet  inside  of  the  outer  edge  of  the  sidewalk  or  curbing,  as 
defined  and  established  by  the  ordinance  relating  to  sidewalks.  But  no  trees  shall 
be  planted  on  any  sidewalk  less  than  eight  feet  in  width.  Whoever  shall  plant  or 
cause  to  be  planted  any  tree  upon  any  street  or  sidewalk  contrary  to  the  provisions 
hereof,  shall  be  subject  to  a  penalty  of  not  less  than  one  dollar  for  each  tree  plant¬ 
ed,  and  the  City  Supervisor  or  any  police  officer  shall  cause  such  tree  or  trees  to  be 
removed,  and  may  collect  the  costs  of  such  removal  of  the  person  liable  therefor 
with  the  penalty,  or  in  a  separate  suit  in  the  name  of  the  city. 

Sec.  2.  All  trees  shall  be  kept  trimmed  up  so  as  not  to  incommode  or  obstruct 
the  passage  of  persons  along  any  sidewalk  or  street,  and  if  the  owner  or  occupant, 
nf  the  premises,  upon,  fronting,  or  adjoining  which  such  trees  are  situated,  shall, 
after  notice  by  any  city  officer,  neglect  or  refuse  to  trim  up  the  same  as  is  herein 
required,  the  Mayor  shall,  without  delay,  cause  such  trees  to  be  trimmed  up,  rnd 
such  owner  or  occupant  shall  be  subject  to  a  penalty  of  one  dollar  for  each  tree  he 
shall  so  neglect  or  refuse  to  trim  after  such  notice,  and  the  costs  of  trimming  the 
same  may  be  collected  and  recovered  with  the  penalty,  or  m  a  separate  suit  in  the 
name  of  the  city. 

Sec.  3.  Whoever  shall  willfully,  maliciously,  or  negligently  break,  cut,  or  oth¬ 
erwise  injure,  deface  or  destroy,  any  shade  or  ornamental  tree  upon  an}^  sidewalk 
or  private  premises,  shall  be  subject  to  a  penalty  of  not  less  than  three  dollars  in 
each  case. 

Passed,  July  26,  1859. 


WHARF. 


157 


CHAPTER  XXXIII. 

WARDS. 

An  Ordinance  dividing  the  City  into  Wards. 

Section  1.  The  City  shall  be,  and  the  same  is  hereby  divided  into  three  Wards, 
The  division  as  aforesaid  shall  be  as  follows,  to  wit:  All  that  portion  of  the 
city  lying  north  of  a  line  beginning  at  the  Mississippi  river  and  running  along 
the  center  of  Main  street  to  the  city  limits  on  the  east,  shall  constitute  the  First 
Ward. 

Sec.  2.  All  that  portion  of  said  city  lying  south  of  the  First  Ward,  and  west 
of  a  line  running  along  the  center  of  Harrison  street,  to  the  city  limits  on  the 
south,  shall  constitute  the  Second  Ward. 

Sec.  3.  All  that  portion  of  said  city,  lying  east  of  a  line  running  along  the 
centre  of  Harrison  street,  from  the  centre  of  Main  street  to  the  southern  limits  of 
said  city,  shall  constitute  the  Third  Ward. 

Passed,  July  26,  1859. 


CHAPTER  XXXIV. 

WHARF. 

An  Ordinance  relating  to  the  Public  Landing. 

Section  1.  The  Public  Landing  of  the  city  of  "Warsaw,  shall  comprise  all  that 
ground  lying  south  of  the  north  boundry  line  of  said  city,  and  west  of  the  west  line 
of  the  lots  and  blocks  fronting  on  the  Mississippi  river,  including  streets,  so  far  as 
the  jurisdiction  of  the  city  extends. 

Sec.  2.  The  City  Council  shall  each  year,  at  the  time  of  the  appointment  of 
other  city  officers,  appoint  a  suitable  person  for  Harbor  Master,  who  shall  hold 
his  office  for  one  year,  and  whose  duties  shall  be  as  herein  set  forth. 

Sec.  3.  All  that  portion  of  the  Public  Landing  lying  south  of  the  north  line  of 
Jackson  street,  and  north  of  the  north  line  of  Lafayette  street,  shall  be  specially 
appropriated  to  the  landing  of  steamboats,  and  no  other  boat,  craft  or  raft  shall 
land  or  remain  at  said  part  of  the  Public  Landing;  and  all  persons  landing  or  hav¬ 
ing  charge  of  any  such  boat,  raft,  or  other  craft,  or  having  an  interest  in  the  cargo 
to  be  received  or  discharged  from  such  boat  or  craft,  or  having  Limber  in  such 
raft,  ordering  or  requiring  the  same  to  be  landed  at  said  portion  of  the  Public 
Landing,  shall  immediately,on  notice  so  to  do,  by  the  Harbor  Master,  remove  the 
same,  and  on  failure  so  to  do,  shall  forfeit  and  pay  to  the  city  ten  dollars,  to  be 
collected  by  the  Harbor  Master,  and  the  said  Harbor  Master  shall  cause  the  same 
to  be  removed  at  the  expense  of  the  owner  or  person  in  charge  or  in  possession 
thereof. 

Sec.  4.  The  Harbor  Master  whenever  it  may  be  necessarj’’,  shall  assign  places 
for  all  boats  and  rafts,  giving  the  preference  to  steamboats  in  the  order  of  their  ar¬ 
rival,  and  every  person  in  charge  thereof  shall  cause  the  same  to  be  removed  to 
the  place  assigned,  and  every  person  failing  so  to  dc,  on  being  notified  by  the 
Wharf  Master,  shall  forfeit  and  pay  to  said  city  for  t3  ’sse,  aa  ?.  penalty  therefor, 


153 


ORDINANCES 


the  sum  of  ten  dollars  ;  Provided ,  that  no  boat  or  raft  shall,  when  not  in  that  por¬ 
tion  of  the  Public  Landing,  especially  appropriated  to  steamboats  or  assigned  to 
the  same,  he  compelled  to  give  place  to  a  steamboat,  while  such  boat  or  raft  is  ac¬ 
tually  employed  in  discharging  a  cargo. 

Sec.  5.  All  goods,  wares,  merchandise  and  other  things,  which  may  be  landed 
south  of  the  north  line  of  Jackson  street  and  north  of  the  north  line  of  Lafayette 
street,  shall  he  removed  as  soon  as  practicable,  and  if  suffered  to  remain  over  forty- 
eight  hours,  the  Harbor  Master  shall  cause  the  same  to  be  removed  to  some  suitable 
place  at  the  charge  of  the  owner.  All  such  as  may  be  landed  above  or  below  said 
streets,  may  remain  so  long  as  the  Harbor  Master  may  permit,  "not  exceeding  ten 
days,  and  if  suffered  to  remain  beyond  that  time,  he  shall  cause  the  same  to  be  re¬ 
moved  to  some  suitable  place,  at  the  charge  of  the  owner. 

Sec.  6.  No  raft  shall  remain  in  the  water  at  any  part  of  the  Public  Landing,  for 
a  longer  tine  than  ten  days,  unless  by  special  permission  of  the  Wharf  Master  :  a 
longer  time  is  granted  for  the  purpose  only  of  having  the  same  drawn  out ;  and 
every  person  having  charge  thereof,  who  shall  neglect  to  draw  out  said  raft,  within, 
said  time  so  limited  or  specially  granted,  shall  forfeit  and  pay  to  said  city,  for  its 
use,  as  a  penalty  therefor,  the  sum  of  fifteen  dollars. 

Sec.  7.  If  no  master,  owner,  or  agent,  shall  appear  to  take  charge  of  any  boat 
or  raft,  which  may  be  found  lying  at  the  Public  Landing,  or  any  other  property 
landed  therefrom,  the  Harbor  Master  shall  take  charge  of  the  same,  and  take  all 
necessary  measures  to  secure  the  same,  and  all  proper  charges  and  expenses  incur¬ 
red  by  him  shall  create  a  lien  thereon. 

Sec.  8.  If  the  master,  owner,  or  agent,  shall  appear  within  sixty  days,  and  pay 
to  the  Harbor  Master  all  fee3,  costs  and  charges,  for  which  any  such  boat,  raft,  or 
other  property,  may  be  liable,  the  same  shall  be  restored  to  such  master,  owner  or 
agent ;  but  if  no  such  owner,  master,  or  agent  appears  within  said  sixty  days,  or 
appearing,  shall  fail  to  pay  as  aforesaid,  the  Harbor  Master  shall  sell  such  boat, 
raft,  or  other  property  for  cash,  at  public  auction,  to  the  highest  bidder,  first  hav¬ 
ing  given  thirty  days  previous  notice  of  the  time  and  place  of  sale,  by  posting  up 
the  same  in  three  public  places  in  said  city,  and  also  by  a  publication  thereof  in  a 
city  newspaper  ;  Provided ,  however,  that  if  such  boat,  raft,  or  other  property,  shall, 
in  the  opinion  of  the  Harbor  Master,  be  of  less  value  than  ten  dollars,  or  of  a  per¬ 
ishable  nature,  then  the  Harbor  Master  shall  not  be  required  to  wait  sixty  days,  but 
proceed  to  sell  such  boat,  raft,  or  other  property,  as  herein  directed,  first  having 
given  thirty  days  notice  by  posting  as  aforesaid. 

Sec.  9.  The  Harbor  Master,  after  deducting  all  fees,  costs,  and  charges,  for 
which  the  boat,  raft,  or  other  property  was  liable,  shall  pay  the  proceeds  into  the 
city  treasury,  and  the  balance,  after  the  deduction  hereinafter  mentioned,  shall  be 
refunded  to  any  person  authorized  to  receive  the  same,  as  in  the  case  of  sale  herein 
provided  for. 

Sec.  10.  Out  of  the  proceeds  of  all  sales  made  under  this  ordinance,  the  city 
shall  retain  three  per  cent.,  to  be  deducted  when  the  same  is  paid  over  to  the  person 
entitled  thereto. 

Sec.  11.  The  following  rates  of  wharfage  fees  shall  be  levied  by  the  city,  and 
collected  by  the  Harbor  Master,  to  wit : 

First .  From  the  master  of  every  steamboat,  which  may  regularly  or  temporarily 
ply  between  New  Orleans  and  St.  Louis,  Warsaw,  or  Keokuk,  three  dollars  for 
every  landing. 


WHARF. 


159 


Second.  From  the  master  of  every  steamboat  which  may  regularly  or  temporari¬ 
ly  ply  between  St.  Louis,  Warsaw,  or  Keokuk,  three  dollars  for  each  trip. 

Third.  From  the  master  of  every  steamboat  which  may  regularly  or  tempora¬ 
rily  ply  between  any  points  below  and  above  the  Lower  or  Des  Moines  Rapids,  or 
on  the  Des  Moines  River,  one  dollar  for  each  landing. 

Fourth.  Boats  plying  as  regular  packets  between  Alexandria,  Warsaw  and  Ke¬ 
okuk,  free. 

Fifth.  From  the  master  of  every  other  steamboat  not  mentioned  in  this  section, 
two  dollars  for  each  landing. 

Provided ,  That  if  any  steamboat  included  in  the  third  class,  shall  not 
discharge  or  take  on  any  freight  at  any  part  of  the  Public  Landing,  but  shall  land 
only  for  the  purpose  of  taking  on  or  putting  off  passengers,  no  wharfage  shall  be 
charged,  unless  the  number  of  passengers  taken  on  and  put  off  at  one  landing,  shall 
together  amount  to  four. 

For  each  produce  boat,  or  boat  engaged  in  coasting  trade,  or  any  boat  on  which 
any  mechanical  business  is  carried  on,  landing  at  any  part  of  the  Public  Landing, 
there  shall  be  paid  for  each  landing  the  sum  of  two  dollars,  and  the  additional  sum 
of  one  dollar  for  every  forty-eight  hours  the  same  shall  remain,  after  the  first  forty- 
eight  hours. 

For  every  raft  of  lumber  which  shall  be  landed  within  the  limits  (the  steamboat 
landing  excepted,)  embraced  between  the  north  side  of  Van  Buren  street,  and  the 
south  side  of  Pine  street,  there  shall  be  paid  for  each  landing,  two  dollars.  All 
rafts  landing  at  any  other  portion  of  the  Public  Landing,  shall  be  permitted  to  land 
without  any  wharfage  or  other  fee ;  and  if  any  raft  shall  remain  at  that  portion  of 
the  Public  Landing  where  fee  for  wharfage  13  required,  for  a  longer  period  than 
forty-eight  hours,  the  additional  sum  of  two  dollars  shall  be  paid  for  each  forty- 
eight  hours,  the  same  shall  remain  after  the  first  forty-eight  hours.  Provided >  that 
this  section  shall  not  apply  to  any  boats  compelled  to  remain  for  a  longer  time  than 
forty-eight  hours,  at  any  portion  of  the  Public  Landing,  on  account  of  ice. 

Sec.  12.  The  Harbor  Master  shall  enter  in  a  book  kept  for  the  purpose,  all 
moneys  received  by  virtue  of  this  ordinance,  the  names  of  persons  or  boats  from 
whom  the  same  is  received,  and  shall  account  to  the  City  Council,  at  their  stated 
monthly  meetings,  for  the.  same.  The  amount  accruing  to  the  city  shall  immediately 
be  paid  into  the  treasury  by  the  Harbor  Master,  and  the  Treasurer’s  receipt  filed 
with  the  City  Clerk. 

Sec.  13.  If  any  person  shall  deface,  or  in  any  way  injure  any  post,  ring,  or 
other  appurtenance  to  the  Public  Landing,  or  do  any  act  tending  in  any  wise  to  the 
injury  of  the  Public  Landing,  he  shall  forfeit  and  pay  to  said  city  for  its  use,  as  a 
penalty  therefor,  five  dollars  for  every  such  offence,  and  pay  all  the  expenses  of 
repairing  or  replacing  the  thing  injured. 

Sec.  14.  Any  steamboat,  its  officers,  or  owner  ;  produce  boat,  its  officers,  agent, 
manager,  or  owner  ;  raft  or  lumber  agent,  manager,  or  owner,  who  shall  fail  or 
refuse  to  pay  the  proper  officer  (immediately  on  landing,)  the  amount  of  wharfage 
required  by  section  eleven  of  this  ordinance,  shall  forfeit  and  pay  to  said  city, 
for  its  use,  as  a  penalty  therefor,  the  sum  of  twenty  dollars  for  each  and  every 
offense. 

Sec.  15.  Whenever  the  Harbor  Master  shall,  by  any  means,  be  unable  to  col¬ 
lect  any  fine,  forfeiture,  penalty,  cost,  charge,  or  expense  accruing  under  this  or¬ 
dinance,  on  demand  from  the  boat,  raft,  or  other  property  herein  specified,  he 


160 


ORDINANCES. 


shall  notify  the  Mayor  thereof,  and  cause  a  suit  to  be  instituted  forthwith,  against 
any  person  liable  therefor  ;  and  nothing  herein  contained  shall  prevent  the  Harbor 
Master  from  giving  testimony  in  any  such  action,  whenever  the  same  may  be 
necessary. 

Sec.  16.  Every  boat  plying  between  said  city  and  the  opposite  side  of  the 
Mississippi  river,  shall  be  exempt  from  the  payment  of  the  usual  rates,  of 
wharfage  ;  Provided,  that  every  such  boat  shall  have  but  one  place  of  land¬ 
ing. 

Sec.  17.  For  any  violation  of  any  of  the  provisions  of  this  ordinance,  the  per¬ 
son  committing  such  violation  shall  forfeit  and  pay  to  the  city  of  Warsaw,  five  dol¬ 
lars,  where  not  otherwise  provided  by  this  ordinance. 

Passed,  July  26,  1859. 


SUPPLEMENTAL  ORDINANCES. 

jin  Ordinance  amendatory  of  an  Ordinance  in  relation  to  Nuisances. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  ©f 
Warsaw,  That  the  fourth  division  of  the  ordinance,  in  relation  to  Nuisances,  pas¬ 
sed  July  26,  1859,  be  and  the  same  is  hereby  repealed. 

Sec.  2.  When  any  cost  or  expenses  necessarily  expended  m  removing  or  abat¬ 
ing  any  nuisance,  upon  any  premises  chargeable  therewith,  shall  he  reported  to  the 
Citv  Council  and  examined  by  them,  they  may,  by  an  order  to  be  entered  in  full 
upon  the  journals,  approve  and  confirm  the  same,  and  levy  and  assess  such  costs 
and  expenses  against  the  premises  chargeable  therewith.  The  order  shall  contain  a 
correst  list  and  description  of  the  premises,  with  the  name  of  the  owner  thereof, 
if  known,  and  the  amount  assessed  against  such  lot  or  premises  set  opposite  thereto, 
and  may  be  substantially  as  follows,  to  wit : 

“  Ordered  by  the  City  Council,  that  the  several  sums  set  opposite  to  each  of  the 
following  described  lots,  (parts  of  lots,  real  estate,  or  premises,  as  the  case  may 
be,)  to  wit : 


Name  of  owner. 

DESCRIPTION. 

Amount  of 
Assessment. 

Lot.  J 

Block.  j 

Addition. 

A.  B. 

1  ' 

22 

Ralston’s, 

$20,00 

C.  D. 

N£  5 

21 

Fonda’s, 

a, 00 

E.  F. 

4 

6 

Mason’s. 

40,00 

Being  the  costs  and  expenses  approved  by  the  City  Council,  for  abating  nuisances 
upon  each  of  the  aforesaid  lots  or  premises,  by  the  city,  after  failure  of  the  owners 
or  other  persons  whose  duty  it  was  1o  abate  such  nuisance,  after  due  notice  to 
do  the  same  in  pursuance  of  the  ordinances  of  the  city,  be,  and  the  same  are 
hereby  levied  and  assessed  against  each  of  said  lots  or  premises  to  defray  the  costs 
and  expense  of  abating  said  nuisance  thereon,  and  that  the  same  be  entered  on  the 
assessment  list  for  the  current  year  18 —  opposite  said  property,  to  fee  collected  as 
ether  taxes  In  said  assessment. 


amendments. 


161 


The  Clerk  shall,  as  soon  as  practicable,  after  the  passage  of  the  order  of 
assessment,  set  down  in  a  separate  column  on  the  assessment  list  for  the  current 
year,  the  amount  assessed  to  each  lot  or  part  of  lot  or  other  piemises,  opposite  to 
the  same,  in  accordance  with  said  order,  in  case  said  order  of  assessment  be  passed 
prior  to  the  tenth  day  of  August  of  such  year  ;  but  in  case  said  order  of  assess¬ 
ment  be  passed  after  the  tenth  day  of  August  of  such  year,  then  the  same  shall  be 
entered  on  the  assessment  list  for  the  next  current  year. 

Sec.  3.  The  foregoing  amendment  shall  constitute  a  portion  of  the  Revised  Or¬ 
dinances  of  the  city,  and  shall  be  published  with  the  same. 

Passed,  August  16,  1859. 

THOS.  C.  SHARP,  Mayor. 


Peter  Baker,  Clerk. 


An  Ordinance  amendatory  of  certain  sections  of  the  Revised  Ordinances, 


Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Warsaw,  That  the  words  “  nor  shall  sell  or  deliver  any  intoxicating  liquors  on 
the  premises  occupied  by  said  tables  or  alley,”  in  the  third  Section  of  the  third 
Division  of  ((  The  Ordinance  relating  to  Licences,”  passed  July  2,  1859,  be  strick¬ 
en  ©ut. 

Sec.  2.  Be  it  further  Ordained,  That  the  word  ce  fifteen”  be  substituted 
in  place  of  the  word  “ten,”  in  the  first  line  of  the  third  Section,  fifth  Division, 
of  <e  An  Ordinance  in  relation  to  City  Officers,”  passed  July  26,  1859. 

Sec.  3.  This  ordinance  shall  constitute  a  part  of  and  be  published  with  the 
Revised  Ordinances. 

Passed  August  16,  1859. 

THOS.  C.  SHARP,  Mayor, 


Peter  Baker,  Clerk. 


An  Ordinance  amendatory  of  an  Ordinance  in  relation  to  Licences ,  passed  July  2, 1859. 

Section  1.  Be  it  Ordained  by  the  City  Council  of  the  City  of 
Warsaw,  That  no  person  shall  pursue  the  business  of  Commission  and  Forwarding 
Merchant,  In  said  city,  without  procuring  a  licence  therefor,  under  a  penalty  of 
not  less  than  fifty  dollars.  There  shall  be  taxed  by  the  City  Council,  and  collected, 
for  a  licence  to  pursue  the  business  of  Forwarding  and  Commission  Merchant,  not 
less  than  ten  nor  more  than  fifty  dollars,  for  one  year. 

Sec.  2.  This  ordinance  shall  be  published  with  and  constitute  a  part  of  the  Re¬ 
vised  Ordinances  of  the  city. 

Passed,  August  16,  1859, 

THOS.  C.  SHARP,  M  vor. 


Peter  Baker,  Clerk. 


11 


TABLE  OF  ERRATA. 


Page  71,  8th  line  from  top  the  word  “requesting”  should  be  “re-registering.” 
Page  109,  6th  line  from  top,  the  word  “foul”  should  be  “fowl.” 

Page  97,  4th  line,  for  “  sixth”  read  “  fifth.” 


'CERTIFICATE  OF  AUTHENTICATION. 

State  op  Illinois,  ) 

City  of  Warsaw,  $  5  * 

We,  the  undersigned.  Mayor  and  City  Clerk  of  the  City  of  Warsaw,  do 
hereby  certify,  that  the  Ordinances  published  in  the  foregoing  pages,  are  the 
Revised  Ordinances  of  the  City  of  Warsaw,  deposited  in  the  office  of  the  City 
Clerk,  passed  by  the  City  Council  of  said  City,  at  the  times  when  the  same 
severally  purport  to  have  been  passed,  and  that  the  same  were  printed  and 
published  by  order  and  authority  of  said  City  Council. 

In  testimony  whereof  we  have  hereunto  set  our  hands 
[L.  S.j  and  affixed  the  Corporate  Seal  of  said  City  this  the 

eighteenth  day  of  August,  A.  D.,  1859. 

THOS  C.  SHARP,  Mayor. 


Peter  Baker,  City  Clerk. 


INDEX 


PAGE. 

ACCOUNTS, — Ordinances  relating  to  ------  66 

By  whom  kept  -  --  --  --24 

ACTIONS, — Accruing  to  city  on  school  obligations  to  vest  in  Board 

of  Education  -------55 

ACT, — To  amended  charter  deemed  public  act  62 

ADDITIONS, — To  city,  how  made  %  -  62 

(i  powers  of  Council  relative  to  -  -  60 

(e  ordinance  relative  to  -  -  -  -  66 

ADVERTISEMENT  OF  LAND  FOR  TAXES,  regulation  concerning  45 
AGE  OF  PUPILS  IN  SCHOOL,— Regulation  respecting  -  -  138 

ALDERMEN,— Term  of  office  of  ------  20 

Office  how  vacated  ------  20 

ALLEYS, — Power  to  assess  cost  of  grading  &c.,  to  owners  of  adjoin¬ 
ing  real  estate  ------  35 

When  paved  or  macadamised,  how  paid  for  -  -  149 

AMUSEMENTS,— Power  to  restrain  and  prohibit  29 

ANIMALS, — Power  to  prevent  abuse  of  -  -  -  -  -  -  28 

Power  to  compel  persons  to  fasten  -  -  -  -  28 

Sick  and  Creased  not  to  behold  as  food  -  109 

APPEALS, — From  City  Council  to  Circuit  Court  on  order  condemn¬ 
ing  land  for  street  purposes  33 

APPROPRIATIONS,— Ordinance  relating  to  -----  67 

For  streets  duty  of  clerk  respecting  •  -  126 

ASHES, — Power  to  regulate  deposite  o£  -  -  -  -  -  -  51 

ASSAULT,— Penalty  for . -  -  -  105 

ASSESSMENT  LIST, — Omissions  in  how  corrected  -  -  -  39 

To  be  laid  before  Council  *-  39 

Council  may  hear  complaint  respecting  -  39 

When  and  how  made  -  -  -  -  38 

Copies  to  be  made  by  Clerk  -  *  -  49 

Clerk  to  receipt  for  39 

ASSESSMENT  NOTICE,— When  published . 39 

ASSESSMENTS, — For  damages  in  case  of  condemned  lands  by  whom 


paid  -  ----- 

ASSESSMENTS, — When  double  or  erroneous  how  corrected 
ASSESSOR, — Form  of  certificate  of  - 

Form  of  Oath  of  -  -  -  -  - 

To  call  on  tax  payers  - 

Power  to  examine  under  oath  •  -  - 

Appointment  and  removal  of  - 

Pay  of  -  --  --  -- 


33 

44 

39 

38 

38 

38 

37 

135 


164 


INDEX. 


-  137 

-  24 
-  123  &  132 

-  137 

27 

•  -  67 

-  132 

-  75 
77 

-  106 

27 

-  106 


137 


ASSISTANT  TEACHERS, — Regulations  respecting  - 
ATTORNEY,  CITY,— To  be  appointed  -  - 

Duties  of  - 

AUCTIONEERS, — Regulations  respecting  - 

Power  to  license  and  tax  -  -  -  - 

AWNINGS,— Ordinance  relating  to 

BAIL, — When  and  how  given  ------- 

BALLOTS, — Canvassing  of 

BALLOT  BOX, — Illegal  carrying  away  how  punished 

BATHING  IN  PUBLIC,— How  punished . 

BAWDY  HOUSES, — Powers  of  Council  concerning  - 

Penalty  for  supporting  *  .  - 

BILLS  PRESENTED  TO  BOARD  OF  EDUCATION,— Regula¬ 
tions  respecting  ------- 

BILLIARD  ROOMS  AND  BALL  ALLEYS,— Regulations  re¬ 
specting  ------- 

Penalty  for  being  open  on  Sunday  - 
BILLIARD  TABLES, — Powers  of  Council  respecting 
Regulations  respecting  amended  - 

BOARD  OF  EDUCATION,— Meetings  of  -  - 

General  powers  and  duties  of 
School  property  vested  in  , 

Clerk  and  Treasurer  of 
President  of  -----  - 

What  constitutes  a  quorum 
How  constituted  - 
A  body  politic 

BOARD  OF  HEALTH,— Who  shall  constitute 


92 

-  107 

27 

-  16.1 
54  &  136 

-  53  &  55 
54 

-  54 
54 

-  54 
53 

-  53 
50  &  87 

Duties  of  -  -  -  ~  -  -  -  50  &  87 

Meetings  of----*--  -87 

BOISTEROUS  CONDUCT,— Penalty  for  permitting  on  any  premises  105 
BONDS  OF  OFFICE, — Member®  of  Council  not  to  be  taken  on  135 
Amounts  of  ------  134  &  135 

25 
41 
25 
155 
19 
113 

28 
28 
68 


To  be  approved  by  Council  • 

BOND,— Of  the  city  clerk  for  delinquent  taxes  - 

BOOKS  AND  PAPERS,— How  recovered . 

BOOKS  to  be  kept  as  directed  by  Committee  on  Finance 

BOUNDARIES  of  city  fixed . 

BOYS, — Ordinance  respecting  ------  * 

BREAD,— Weight  and  quantity,  power  to  regulate  - 

BRICK, — Power  to  regulate  size  of  ------- 

Ordinance  relative  to  -----  - 

BREWERIES,  FOUNDRIES,  LIVERY  STaBLES,  &c.,— Power 
to  regulate  - 

BUILDINGS,— Public,  penalty  for  injuring  •  -  *  • 

Wooden,  power  to  prevent  erecting  of  - 
Delapidated,  power  to  declare  nuisances 
How  and  when  to  be  taken  for  street  purposes  - 


29 

61 

51 

51 

31 


Proceedings  of  commissioners  when  necessary  to  remove  31 


INDEX. 


BUILDINGS, — May  remove  to  prevent  spread  of  fire  -  -  -  80 

Encroaching  on  streets  ------  110 

BURIAL  OF  THE  DEAD, — Powers  to  make  regulations  concerning  29 


BURYING  GROUNDS, — Ordinance  relative  to  -  -  * 

CELLAR  DOOR, — Penalty  for  leaving  open  - 

CEMETERIES, — Ordinance  relating  to  - 

CEMETERY, — Lots  to  be  exempt  from  execution  - 

CENSUS, — Ordinance  relating  to  ------ 

Power  of  Council  respecting  - 

CERTIFICATES  OF  PURCHASE,— When  lost  how  supplied 

Assignable  ------- 

CHARTER, — To  take  effect  from  date  of  passage 
CHARTER  OLD, — Acts  done  under  legal  - 

To  continue  in  force  except  where  superceded  - 
CHILDREN  DESTITUTE, — Powers  respecting  - 

CHIMNEYS, — Powers  to  regulate  - 

CIRCUIT  COURT,— Duty  of  when  cause  is  disposed  of  therein  - 
Appeals  allowed  to  from  county  court 
CITY  BONDS, — School  money  may  be  invested  in  - 
CITY  CLERK, — Shall  audit  accounts  and  keep  books 
May  administer  oaths  - 

Shall  keep  books  and  papers  - 
Certificate  of  to  be  evidence  -  - 

Settlement  with  ------ 

Duties  of  relative  to  licenses  - 

Death  or  resignation  of 

Fees  of  ------- 

To  be  clerk  of  the  board  of  education 
Fee  for  each  redemption  certificate 
Fee  for  affidavit  to  infants,  &c. 

CITY  COUNCIL, — Special  meetings,  how  called 

What  constitutes  ----- 

Qualification^  members  of  - 

Attendance  ofa absent  members,  how  enforced 
To  control  finances  - 

•  c 

Members  of  exempt  from  street  labor 
General  pwers  of 
Meetings  of  ------- 

CITY  ENGINEER,— Duties  of  . 

CITY  MARSHAL,— To  be  elected  by  the  people 
Powers  and  duties  of 

CITY  MARSHAL,— Shall  have  an  office  - 

Duties  of  respecting  paupers  - 

Duties  of  at  elections  ----- 

Duties  of  relative  to  licenses  - 

Duties  of  at  fires  ------ 

Shall  give  notice  when  city  is  purchaser  at  tax  sale 
Police  duties  ------ 


69 
108 
69 
60 
69 
29 
47 
47 
62 
62 
62 
29 
51 
43 

-  43 
56 

-  154 

-  24 

-  24 
24 

-  44 
91 

-  45 
49  &  134 

-  54 
45 

-  46 
26 

-  25 
26 

-  26 
26 

-  52 
26  to  30 

-  26 

-  123 
-  62 

24 

-  130 

-  128 

-  77 
91 

-  77 
47 


CITY  SUPERVISOR,— Duties  of 
Liable  to  indictment 


129  to  134 
25,  59  &  125 
-  CO 


368 


INDEX. 


To  keep  accounts  and^make  report  to  council 

Power  to  make  arrests  - 

Pay  of  ------ 

CITY  TREASURER, — Shall  keep  books 
Shall  report  monthly  - 

Shall  give  duplicate  receipts  - 
Shall  make  annual  statements 
To  be  treasurer  of  the  board  of  education 
His  commissions  - 

General  duties  of  - 
To  pay  over  redemption  money 
Exhibit  to  be  made  - 

CITY  WEIGHER,— Duties  of  - 

Fees  of  -  --  --  -- 


25 

-  130 

-  135 

-  154 

-  154 

-  154 

-  155 

-  54 

-  134 

•  -  24 

46 

-  -  24 

-  126 

-  135 

CLERK  OF  MARKET,— Duties  of . 100  to  104 

CONTRACTS, — Members  of  council  shall  not  be  interested  -  -  25 
COLLECTOR, — Appointment  of  ------  37 

Vacancy,  how  filled  ------  37 

To  give  bond  -  --  --  --  40 

COLLECTOR’S,— Duty  of . 40 

To  levy  or  to  sue  ------  40 

Proceedings  of,  when  levy  is  made  -  -  -  40 

Settlement  with  -  --  --  --41 

May  be  required  to  settle  -----  41 

Bond  may  be  put  in  suit  -----  41 

Oath  to  delinquent  list,  form  of  -  41 

Death  or  resignation  effect  of  45 

Fees  of  -  --  --  --  --  49 

COMMISSIONERS, — To  lay  out  streets,  power  to  remove  -  32 

To  lay  out  streets,  how  appointed,  sw’orn,  and  duties 

thereof  -  --  --  --  31 

COMPLAINTS,— Form  of . 131 

How  made  -  -  --  --  --  131 

CONSERVATORS  OF  THE  PEACE,— Officers  of  city  constitute  62 

City  Council  shall  prescribe  duties  of  -  62 

CONTAGIOUS  DISEASES .  26 


CONTRACTS, — Members  of  council  shall  not  be  interested  in  -  25 
CORNER  STAKES,— Penalty  for  removing  -  111 

CORPORATION, — General  powers  of  -  -  -  -  -  19 

Name  of  --------  19 

COUNTY  COURT,— Appeal  from  to  circuit  court  f-  -  -  43 

How  to  proceed  on  tax  list  -----  42 

Form  of  judgment  ------  43 

Jurisdiction  of  -------  45 

CROSS  WALKS,— Dimensions  of  -  26 

DAMAGES, — For  taking  land  and  buildings  for  street  purposes,  how 

assessed  and  paid  -----  32 

Power  of  council  to  make  regulations  in  relation  thereto  33 
Proceedings  in  collection  of  -----  32 

Power  of  city  council  in  relation  thereto  -  -  32 


INDEX. 


% 


167 


DEBTS, — Dae  board  of  education  to  be  preferred  in  case  of  death  50 
DEBT, — Not  to  be  created  without  providing  for  levy  of  tax  to  meet 

interest  -  -  -  -  -  -  -  36 

DEED, — Purchaser  at  the  sale,  when  entitled  to  -  -  -  -  47 

To  purchasers  tax  sale  March  1858,  to  be  made  by  clerk  49 
Tax  sale  of  March  1858,  what  evidence  of  -  -  49 

To  purchasers  at  tax  sales,  evidence  of  what  facts  48 
DEEDS, — What  persons  endeavoring  to  invalidate  must  prove  -  48 

Tax,  to  be  acknowledged  and  signed  by  clerk  -  48 

DEFAULTERS,— Who  considered . 21 

DELAPIDATED  BUILDINGS, —Regulations  respecting  -  -  117 

DELINQUENT  TAX  LIST,— To  be  certified  by  clerk  -  -  41 

Time  to  return  may  be  extended  -  -  -  -  40 

DEPOT  GROUND,  &c. . -  -  30 

DIRT  AND  FILTH, — Thrown  in  gutters  penalty  for  -  <»  111 

DISTILLERIES,  &c., — Regulations  of  ~  *»  29 

DISTURBING, — Religious  worship  ~  -  >-106 

Quit  on  Sabbath  106 

DOGS,—  - . . 70 

Power  to  prohibit  running  at  large  28 

DRAINS  AND  SEWERS, — Powers  respecting  •»  >-  34. 

DRUNKEN  PERSONS, — Not  permitted  to  loiter  about  liquor  shops  98 
DUMB  ANIMALS, — Cruelly  beating,  penalty  for  -  *  107 

EARTH, — Removing  from  streets,  penalty  for  .  .  .  .111 

ELECTIONS, — General,  when  and  where  held  .  .  .  .21 

How  contested  .  .  :  .  .  .  77 

Manner  of  conducting . 22 

Notice  for . 21 

Place  to  be  holden . 22 

Returns,  how  made . 76 

Special,  to  fill  vacancies  when  there  is  no  quorum  of 

aldermen  20 

ESTIMATES  AND  PLANS,— Who  to  make  ...  24  and  25 

EXCAVATIONS,— In  streets  to  be  guarded . 108 

EXECUTIONS, — To  be  issued  immediately  on  rendition  of  judgment  61 

EXECUTION,— Form  of  . 61 

EXPENSES, — Of  tax  collections  and  sales  to  be  laid  before  the  city 

council  .’  49 

FALSE  SWEARING, — Before  assessor,  how  punished  .  .  38 
FALSE  WEIGHTS, — Penalty  for  in  market  ....  103 

Penalty  for  using . 109 

FASTENING  HORSES, — To  fences,  &c.,  without  permission  of 

owner,  penalty  for . 107 

FEE, — Printer’s  for  publishing  tax  notices . 47 

FENCES, — Encroaching  on  streets,  penalty  for  ....  112 

FEERY,— Tax  on  . 141 

FINES  AND  PENALTIES, — Powers  to  impose  ...  30 

FINES, — Power  to  require  same  to  be  worked  out  on  streets  .  30 
To  be  paid  into  city  treasury  .  .  .  .  60  &  61 


168 


INDEX. 


FINES, — When  not  paid,  defendant  to  be  imprisoned  I  .  .61 

Paid  in  labor  29 

To  be  paid  over  by  magistrates  as  fast  as  collected  .  133 
Penalty  for  not  paying  over  .....  133 

FINES  AND  IMPRISONMENT* — Limit  to  .  .  .  .  .30 

FINES  AND  PENALTIES, —How  to  be  remitted  ...  60 

FIRE  ARMS, — Discharge  of  prohibited  ......  108 

FIRE, — Alarm  of,  duties  of  fire  companies . 79 

Apparatus,  not  to  be  used  for  prevate  purposes  .  .  80 

FIRE  APPARATUS,— . 78 

FIRE  BUCKETS, — Power  to  provide . ,51 

FIRE  COMPANIES, — Council  may  organize  ....  52 

FIRE  ENGINE,  &c., — Penalty  for  defacing . 81 

FIRE  DEPARTMENT,— Who  constitute  ,  .  78 

Duties  of  engineer  .......  79 

FIRE  ENGINES, — Council  may  procure . 52 

FIRE  ENGINEERS, — Power  to  appoint . 52 

FIRE, — False  alarm,  penalty  for  ......  106 

FIRES, — General  powers  in  relation  to)  .....  51 


FIRE  LIMITS,— . 

FIREMEN, — Exempt  from  street  labor  and  jury  service 
Name  to  be  registered  with  the  clerk 

FIRES, — Penalty  for  hindering  firemen,  &c.,  at  . 
FIRES, — Precautionary,  regulations  to  prevent 
FIRE  WARDENS,—  Who  constitute  . 

FIRE  WOOD,  COAL,  &c. — Measuring  * 
FIREWORKS  AND  FIREARMS, — Power  to  regulate 
FISCAL  YE  AR, — When  to  commence 
FISH,  FRESH  MEAT,  &c., — Regulations  in  relation  to 
FORESTALLING,— Power  to  prohibit  . 

GAMING  IMPLEMENTS,— Prohibited 
GAMING  AND  RAFFLING,— Prohibited 

GRADE, — Power  to  .  . . 

GRADES, — By  whom  fixed . 

GRADING, — Power  to  charge  half  expense  of  to  lot3 
GUNPOWDER, — Power  to  regulate  storage  of 

Ordinance  relating  to  ... 
HARBOR  MASTER, — Compensation 

Powers  and  duties  .  .  . 

H  ARBER  MASTER, — To  assign  places  to  boats 

To  sell  boats,  when  no  owner  appears 
To  keep  book  and  report  monthly 
When  appointed  ..... 
HAY, — Inspection  and  weighing  of  ... 

HEALTH  DEPARTMENT,— Ordinance  relating  to  . 
HEALTH, — Power  to  make  regulations  to  secure 

Regulations  to  secure  .... 

HOGS,  &c., — Power  to  prevent  running  at  large 
HOGS  AND  GEESE,— Ordinance  relative  to 


selling 


84 

52  &80 
.  52 
80 

82  &  83 
83 

.  28 
51 
.  156 

28  &  18 
.  28 
86 

.  106 
34 
.  24 
34 
.  51 
86 
.  135 
157  &  158 
.  157 
158 
.  159 
157 
.  28 
87 
.  29 
26 

.  28 
89 


INDEX. 


169 


IMPROVEMENTS, — Value  not  to  be  estimated  on  land  mortgaged 

to  board  of  education . 57 

IMPRISON, — Power  to . 31 

INDECENT  EXPOSURE,— Penalty  for . 106 

INFANTS, — Lands  owned  by,  how  proceeded  against  when  requi* 

red  for  street  purposes  .....  33 

INFANTS,  FEMME  COVERT  &c.,— Wishing  to  redeem  after  two 

years,  how  to  proceed . 46 

INFECTIOUS  DISEASES,  &c., — Duties  of  board  relative  to  .  .  50 

INSPECTION,— Of  Flour  &c.  28 

INTEREST, — At  15  per  cent,  allowed,  when  debts  due  school  fund 

are  not  paid  at  maturity  ....  57 


When  to  be  considered  principal  .  .  .  .57 

INTOXICATION.— Penalty  for . 106 

JUDGES  OF  ELECTION,— Refusing  a  legal  vote,  penalty  for  .  77 


Knowingly  permitting  illegal  votes,  how  punished  77 

JUDGMENT  OF  COUNTY  COURT,— City  clerk  to  make  record 

of  and  certify  to . 43 

JURORS, — Who  competent . 61 

JUSTICES  OF  THE  PEACE,— Jurisdiction  of,  in  regard  to  school 

fund . 57 

In  city,  to  have  jurisdiction  of  actions  under  ordi¬ 
nances  . 15 

City  council  to  designate  who  shall  have  jurisdiction  61 

LAMP  POSTS, — Penalty  for  injuring . 107 

LANDS, — Condemned  for  street  purposes,  not  to  be  taken  until  dam¬ 
ages  are  paid . 32 

Contract  respecting,  to  cease  when  taken  for  public 

purposes . 33 

LIBRARY  AND  APARATUS . 57 

LICENSES,— Form  of . 91 

Butchers . ,  ...  28 

Brokers  .........  92 

Exhibition  shows,  & c.  .  >  ....  93 

Haokmen,  &c.  27 

Fees  and  time  to  run . 27 

LICENSES, — For  selling  liquors . 97 

General  regulations  relative  to . 90 

Inkeepers . 92 

Merchants,  &c.  .  .  .  ;  .  .  27  &  95 

Not  transferable . .  .  90 

Ordinaries  . 92 

Pedlers . 95 

LIQUORS, — Power  to  prohibit  sale  of . 27 

LIQUORS, — Retailers  not  to  sell  to  drunken  persons  or  minors  .  98 

Seller  to  keep  copy  of  Ordinance  posted  in  his  place 

ef  business . 99 

LOTS, — Sold  for  taxes,  when  to  be  bid  off  to  the  city  .  .  44 

Subdivision  of  by  assessor  ......  38 


INDEX. 


no 


LOTS,— To  be  filled  up,  or  drained,  on  order  of  council  .  .  35 

When  portion  sold  for  taxes,  what  part  taken  .  .  44 

LUMBER  MERCHANTS, — Transient  license  .  .  .  94 

LUMBER  AND  SHINGLES, — Inspection  and  measurement  .  .28 

LUMBER  YARDS, — Not  to  be  established  within  fire  limits  .  83 

MANUFACTORIES, — Dangerous,  power  to  prohibit  .  ,  .51 

MARKET  AND  MARKET  HOURS, . 27 

MARKET, — City,  Ordinance  relating  to  .....  100 

Regulations . 100  &  101 

When  to  be  opened . „  101 

MAY  OR, — General  duties  of  .......  23 

How  removed  from  office . 23 

Has  casting  vote . 25 

Liability  to  indictment . 23 

Mas  assign  certificates  of  purchase  held  by  city  .  48 

May  administer  oaths,  take  depositions,  &c.  .  .  23 

May  call  posse  or  militia . 23 

May  certify  under  seal  of  city . 23 

May  require  exhibit  of  books  of  officers  .  .  23 

Protem,  title  of  and  powers . 23 

Protem,  when  and  how  appointed  ....  23 

Salary,  how  fixed . 23 

Shall  approve  ordinances . 23 

Shall  exercise  general  supervision  over  the  fire  depart¬ 
ment  . 79 

To  exercise  a  general  supervision  over  police  .  .  129 

McADAMISE  AND  GUTTER,— Power  to  charge  half  expense  to 

lots  benefitted . 34 

MECHANICAL  WORK,— Measurement  of . 28 

MEMBERS  OF  BOARD  OF  EDUCATION,— Pay  of  54 

When  personally  liable . 54 

MONEY, — How  borrowed . 26 

How  appropriated  .......  26 

Restrictions  on  borrowing . 26 

How  drawn  from  treasury  24 

MONEY, — To  be  paid  to  treasurer  as  fast  as  collected  .  .  .  121 

MONEYS, — To  be  paid  into  treasury . 24 

MORTGAGES,— Form  of .  56 

May  be  foreclosed . 57 

MOVING  BUILDINGS, — To  be  done  only  by  permit  .  .  .  110 

NIGHT  WATCH,— When  to  be  established  .  .  .  .  .131 

NOISES — On  street . .29 

NON-RESIDENT  OWNERS,— How  property  listed  .  .  .38 

NOTICE  TO  PAYE,  GRADE,  &c., — By  whom  given  and  how  proved  35 

NUISANCES, — Assessment  for  abating . 160 

Courts  to  have  jurisdiction  of  .....  60 

Duty  of  Marshal  respecting  .....  114 
Injurious  to  health,  removal  of  ....  87 

Penalty  for  not  removing  .  .  .  .  .  .114 


NUISANCES,-!: , 

Remo 

l 

To  aba. 

Upon  loi 

OATHS, — City  clerk,  aut 
OATHS,  &c., — Definition  i 
Mayor’s  addi 
Of  office,  whei. 

OBSCENE  BOOKS,  &c. 

OBSTRUCTING  OFFICERS, - 
OBSTRUCTING  STREETS,— Pei 
OFFENDERS,— When  held  to  bail 
OFFICERS, — Appointment  of,  how  a 
All  persons  to  aid  when  «. 

Bonds 

City  council  may  prescribe 
Commission 

Failure  of  people  to  elect,  pro 
Failing  to  perform  duty,  penalty 
How  removed  .... 

Liability  of  ...  . 

Police,  appointment  and  removal 
Persons  falsely  representing  themsel 

for . 

Refusing  to  pay  over  moneys  . 

Refusing  to  deliver  over  books;  &c,  pei 

Removal  of . '< 

Removing  from  city,  regulations  respecti 
Term  of  office  .... 

To  attend  as  witnesses 

What  necessary . 

When  absent  mayor  may  appoint  substitute 
When  not  appointed  at  regular  time — when  a 
OFFICES, — Members  of  council  shall  not  hold 
Who  not  qualified  to  hold 

OFFICE, — Persons  elected  to,  how  notified  and  when  to  quali, 
ORDINANCES,  &c. — Imposing  fines  to  be  published 

Now  in  force  to  remain  in  force  until  repealed 

Power  to  pass,  publish  &c . 

Proof  of  publication  of  : 

Style  of  . 

To  be  approved  by  mayor  .... 
When  published  in  form,  to  be  proof 
PARTITION  WALLS, — Power  to  regulate 
PAUPERS, — Bills  for  support  of,  how  allowed  . 

Desiring  to  leave  the  city,  regulations  respectin 

Regulations  concerning 

To  be  furuished  with  work^by  Marshal  . 

Who  are  ..... 


as  tax 


34 

35 
105 


)t  infectious 


• 

• 

88 

seases 

. 

50 

* 

'  >  • 

• 

112 

it’s  office 

• 

30 

council 

• 

60 

ad  by  seller 

• 

108 

•  m 

130 

ppointed 

9 

129 

* 

• 

130 

4  of 

% 

129 

*  o  . 

• 

130 

j  by  marshal  . 

• 

131 

joint 

• 

28 

*"  •  •  • 

dug  on  premises  without  permission 

penalty  for 

9 

108 

•  •  •  «  • 

9 

28 

JF  EDUCATION, — Duties  of 

• 

137 

jwers  .... 

• 

54 

OOL  FUND,— Not  to  be  distributed 

* 

58 

.te,  proof  of  publication 

• 

48 

f  supervisor  respecting 

. 

133 

>rk  out  fine  on  streets  . 

• 

132 

and  amount  of  fines  to  be  reported  to  council 

133 

fine  to  have  discharge 

• 

133 

,  in  relation  to 

C 

e 

153 

>,  &c. — Power  to  regulate 

« 

29 

of  to  be  delivered  to  assessor  by  fist  July 

• 

38 

rsonal,  definition  of 

• 

37 

ver  to  exempt  from  taxation 

• 

37 

, — Power  to  punish  .... 
-Only  to  be  sold  in  market  house,  in  market 

• 

28 

hours  .... 

101  &  102 

4UNDS  ...... 

• 

27 

NDING, — What  constitutes  . 

• 

127 

tOPERTY, — Injury  to,  penalty  for 

61 

Penalty  for  defacing  .  .  » 

♦ 

107 

^CHOOL  HOUSE,— How  to  be  used 
;  SQUARES  AND  GROUNDS,— Power  to  grade  and 

• 

orna- 

137 

ment  ..... 

• 

34 

— In  school  shall  be  cleanly  .... 

,  ASER,—  At  tax  sale,  to  give  notice  to  owner  before  entitled 

140 

to  deed  ..... 

• 

47 

.ENTINE, . 

♦ 

26 

What  constitutes  .... 

25 

index. 


173 


RAFTS,— Not  remain  over  ten  diys  ....  158 

RAILROAD  TRACTS,  SWITCHES,  &c.~ Power  to  regulate  .  30 
REAL  PROPERTY,— Definition  of  ....  38 

RECEIPTS  AND  EXPENDITURES, — Account  of  to  be  published  59 
For  money  paid  out  of  schoolfund,  to  be  filed  in  clerk’s 

office  .....  58 

RECORDS,  &c'  —Subject  to  inspection  ....  121 

RECESS, — In  sc.bool  .  .  ^  ~  A  .  .  137 

REDEMPTION,—  Certificates,  requisites  ?  .  46 

From  taxes,  record  of  'I  ...  46 

In  case  of  infant,  femme  Sovert,  &c  .  .  .45 

Morv'-y,  special  deposit  of  .  .  .  .  46 

REDEMPTIONS, — Conditions  on  which  allowed  .  .  45 

REGISTRATION  OF  BIRTHS  AND  DEATHS,— Power  to  regulate  29 
RESCUE  OF  PRISONER, — .Penalty  for  .  ,  .  109 

RESIDENT  OF  WARD, — What  constitutes  .  .  .22 

REVISED  ORDINANCES,— Enactment  of  .  .  65 

RIDING  AND  DRIVING  RAPIDLY  IN  STREETS,— Penalty  for  108 
RIDING, — Immoderate  in  streets,  power  to  prevent  .  .  28 

RIOT,  &c. — To  prevent  and  suppress  .  .  .  .  .28 

ROAD  LABOR, — Outside  of  city  limits,  inhabitants  exempted  from  59 
SALARY, — Of  mayor  ......  134 

SALARIES, — Of  officers,  how  paid  .  .  .  58  &  135 

Not  to  be  increased  during  term  of  office  .  135 

SALE  BOOK, — How  kept  .  .  .  .  .  .44 

SALES  FOR  TAXES,— How  conducted  ;  44 

May  be  continued  from  day  to  day  .  .  .45 

Process  authorizing  ....  36 

Record  to  be  kept  .  .  .  .  .44 

Proceeds  of  to  be  paid  over  ...  44 

Valid,  tho’  assessed  in  wrong  name  .  ,  .45 

And  redemption,  evidence  of  ...  45 

SCHOLARS, — In  public  schools,  respecting  age  of  .  .  .138 

SCHOOLBOOKS, — For  poor  children  ....  138 

Pupils  compelled  to  furnish  ....  137 

Regulations  respecting  ....  137 

Buildings,  furniture,  &c.,  penalty  for  defacing  .  141 

Commissioner  to  pay  money  to  city  treasurer  .  54 

District  Warsaw,  how  may  be  extended  .  .  59 

Holidays,  what  days  ....  136 

Money  to  be  loaned  .  .  .  .  ,56 

Year,  how  divided  into  terms  .  .  .  136 

Year,  when  to  commence  ....  136 

SCHOOLS,— Course  of  study  in  .  ,  .  .  138 

Examination  of  .....  137 

Ordinance  in  relation  to  .  .  .  53 

SCUTTLES  IN  ROOFS,— Power  to  require  .  .  .51 

SEAL, — Corporate,  who  shajl  keep  ....  24 

Of  city  ......  141 

SECURITY, — Additional,  may  be  required  from  debtors  to  school  fund  !f7 


m 


IN»EX, 


*  \ .  i 

•  \ 


SETTLEMENT, — With  officers  to  be  made  when 

SEWERS,  BRIDGES,  &c . 

Petition  for,  power  to  establish 
Power  to  borrow  money  for  construction  oi 
Private,  to  be  made  on  order  of  the  council 
for,  power  to  establish 
SHADE  TREES  .... 

Ordinance  relating  toj  . 

SIDEWALKS, — Assess*  -  N  her  buil 
By  whom  to  5u>It 
City  council  may'  f 

City  supervisor,  tc.  -up  end  laying  vf 

Form  of  order  to  la  .  .  .  , 

Form  of  notice  ... 

Grade  of  , 

How  to  be  built 
Notice  by  supervisor  torm  of 
Notice  of  order  to  be  divert  by  clerk  . 

Obstructions  of  *  .  .  .  . 

Order  for,  to  be  delivered  to  supervisor 
Order  to  build  bv  or.  il,  when  owner  neglects 
Penalty  for  build;  contrary  to  order 
Penalty  for  driving  over  .... 

Penalty  for  incumber;  g  . 

Penalty  for  not  keeping  clear 
Penalty  for  not  keeping  in  repair 
Supervisors,  report  respecting 
Supervisors,  duty  in  relation  to 
Supervisor,  to  keep  account  of  expense  of 
To  be  made  on  order  of  council 

SIDE  AND  CROSS  WALKS, — Power  to  require  built 
SOAP  FACTORIES, — Power  to  remove 
SPECIAL  MEETINGS, — No  vote  to  be  reconsidered  at 
STATEMENT  OF  FINANCES,— To  be  made  by  clerk  . 

STEALING  AT  FIRES, — Persons  suspected  of  may  be  arrested 
STOVE  PIPES,  &c. — Regulations  in  relation  to  .  ; 

STREETS,  ALLEYS  AND  HIGHWAYS,— Power  over 
STREETS  AND  ALLEYS, — Names  to  be  designated  by  city  council  60 
Opening  and  repairing,  supervisor’s  duty  .  .  25 

Power  to  lay  out,  widen,  &c.  .  »  ,30 

STREETS,— Assesment  to  pay  for  Me  Adam  .  .  «  148 

Bonds,  proceeds  of,  how  applied  ,  .  •  148 

City  clerks,  duties  respecting  »  .  .  159 

City  council  to  grade  .....  147 

City  engineer’s  duty  respecting  .  .  .  148 

Crossings,  penalty  for  obstructing  ,  .  -  113 

Labor,  how  warned  out  .  .  .  59 

Lighting  ......  27 

Macadamedj  how  repaired  .  ,  149 


155 
26 

34 

35 
35 

34 
27 

156 

145 

144 

142 

142 

142 

143 
147 

142 

143 

142 
26 

143 

144 
147 
113 
112 
113 
147 

145 

25 
145 

35 

34 

29 

10 

155 

80 

81 

26 


INDEX. 


1 


STREETS,' — Macadamed,  how  to  be  paid  for 

Mayor,  may  borrow  money  to  Macadam  . 

Penalty  for  obstructing 

Penalty  for  not  working,  to  be  collected  as  tax  . 
Proceedings  in  laying  out  and  in  condemning  land 
To  prevent  incumbering  .... 
When  blocked,  iegulations  concerning 
STREET  TAXES, — Form  of  notice  by  supervisor 
How  collected,  when  not  worked  out 
May  be  collected  by  suit  • 

Supervisor  to  give  notice  . 

To  be  expended  in  wards  where  paid 

Who  to  be  assessed  against  ...  . 

STUD  HORSES,  &c . 

SUITS, — By  board  of  education  ..... 

By  city,  form  of  .... 

For  school  interest,  in  whose  name  to  be  brought 
Matters  in,  to  remain  in  force  .  .  . 

SUMMONS, — First  process  for  suits  for  breach  of  ordinance 
SUNDAY, — Disturbing  peace  ... 

SURVEYOR  AND  ENGINEER,— Duty  of  . 

TAX, — Assessment  and  levy  of  1858  legalized 

For  general  purposes,  power  to  levy 
For  school  purposes,  power  to  levy  . 

Power  to  levy  for  railroad  purposes 

Receipts  for  subsequent  taxes  on  lands  sold  for  taxes, 

to  be  presented  to  clerk 
School  house  . 

Special,  to  be  used  only  for  the  purposes  for  which 
levied  ...... 

TAX,— To  pay  interest  on  improvement  bonds,  to  be  deemed  a  spe¬ 
cial  tax  ..... 


147  &  149 
148 

„  110 

59 
31 
27 

.  112 

150 
151  &  152 
152 
.  150 

60 

.  149 

106 
.  56 

61, 
57 
61 
61 
107 
24 
66 
36 
54 

36 

46 

37 

36 
36 


TAXES  AND  ASSESSMENT,— A  lien  on  land  .  .  .36 

TAXES, — Extending  of  fraction  of  cent  rejected  in  .  .  45 

For  school  purposes,  how  levied  and  collected  .  5S 
On  part  of  a  tract,  may  be  received  when  .  41 

When  a  lien  on  personal  property  .  .  .39 

When  and  how  levied  .  .  .  .  39 

When  levied,  a  lien  on  real  estate  .  .  .39 

When  paid  to  clerk  ....  44 

TAX  FUND,  &c. — To  be  paid  on  order  of  board  of  education  .  58 

TAX  LIST, — Advertisement  of,  what  shall  contain  .  .  42 

Delinquent,  to  oe  published  .  •  .  .42 

Proceedings,  in  county  court  ...  42 

When  and  how  to  be  returned  -  -  .41 

TEACHERS, — Agreement  with  •  .  .  ,  139 

Joard  of  education,  to  prescribe  duties  of  .  .  55 

Duties  of  .....  140 

Examination  of,  power  respecting  "•  .  65 

Meetings  ......  140 

To  file  schedule  .  .  .  '  .137 


176 


1'NDEX. 


TEAMS,  &c. — Left  unfastened,  penalty  for 
Passing,  to  keep  to  right 

TIE  VOTES, —How  decided  .... 

TR  ACTS, — Sold  in  error,  proceedings  in  relation  to  . 
TRANSIENT  TRADERS, — Regulations  respecting 
TREASURER, — Duty  of  in  relation  to  enumeration  of  children 
Duty  of  when  debtor  of  school  fund  dies 
TREASURER  OF  BOARD  OF  EDUCATION,— Books  of 
Fees,  ...... 

Liable  on  his  bond  .... 

Report  of  .... 

To  give  bond  and  have  custody  of  papers,  &c. 

Form  of  bond  ..... 

To  loan  money  .... 

When  term  expires  to  pay  over  moneys,  &c. 

TUITION,— How  fixed . 

UNLAWFUL  ASSEMBLAGE,— Penalty  for 
VACANCY, — In  office  of  Mayor  or  Alderman,  how  filled 
What  filled  by  appointment 

VAGRANCY, — How  punished  .... 

VAGRANTS,  &c — Power  to  confine 

Power  to  punish  .... 

Who  deemed  ..... 
VOTERS, — Exempt  from  an est 

Oath  required  of  ... 

Qualifications  of  . 

VOTERS,— Who  are  : 

VOTING, — Double,  how  punished  - 

Illegal,  how  punished  - 

WAGONS  &  DRAYS,— License  - 

WARDS,— Division  of  city  into  - 

How  represented  - 

WAREHOUSE  BUSINESS, — Power  to  prohibit  railroad  companies 

from  doing  ----- 

WARRANTS,— By  whom  signed  *  •» 

WARSAW, — School  district,  limits  of  - 
WATCHMEN,— Appoiutment  of  - 

How  and  when  appointed  « 

WATER  COURSES,— . 

Penalty  for  allowing  to  spread  over  -  ** 

Regulations  respecting  ---- 
WEIGHER’S  CERTIFICATE,— Penalty  for  altering  - 
WEIGHER. — Power  to  appoint  - 

WEIGHING, — Rales  for,  amended  -  -  -  - 

WEIGHTS  AND  MEASURES,—  - 
WHARF, — Regulations,  power  to  make  - 

WHARFAGE,- Rates  of  - 

Suits  to  be  instituted  for,  when 

WITNESSES, —•Power  to  compel  attendance  of 
WITNESS  FEES,— When  paid  - 
'WORK  HOUSE, — Power  to  establish 


108 
.  108 
21&76 
.  44 
152 
53 
.  57 

56 
.  56 

57 
,  57 

55 
.  55 

57 
„  58 
136 
.  105 
21 

.  21 
107 
.  29 

28 
.  107 
22 

22  &  75 
.  21  &  22 
74 

-  77 
-  22  &  77 

-  96 
-  20  &  157 

20 

30 

-  24 
52 

-  20 
129 

-  25 

-  113 

-  26 

127 

-  28 
161 
-  28 

6 

158  &  159 
159 

-  21 
132 
.  29 


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